SHC questions IGP, CS over failure to enact rules for police

KARACHI: The Sindh High Court (SHC) once again on Thursday directed Sindh inspector general of police (IGP) and chief secretary (CS) to explain why the rules for transfers and postings in the police department were not enacted despite the court’s directives.

A division bench headed by Justice Munib Akhtar was hearing an application filed by the petitioner Karamat Ali’s counsel Faisal Siddiqui, submitting that the SHC in its judgment on September 7 had directed the police chief to draft new rules for setting out the manner of transfers and postings and submit the same before the provincial cabinet. The provincial cabinet was subsequently directed to consider IGP’s drafted rules and enact them with consultations.

During the hearing, the court expressed displeasure as the provincial government did not submit its reply.

While adjourning the case till December 7, the court directed Sindh authorities to file their comments by the next hearing.

At the outset of the hearing, the petitioner’s counsel had informed the court that complying with its directives IGP AD Khowaja had drafted new rules and sent the same to the Sindh cabinet on October 6. “The provincial cabinet was supposed to consider new rules in its meeting specifically called for such purpose within 15 days of receiving the same from the IGP, but the meeting was held after a delay of seven days,” he added.

Faisal Siddiqui said that the provincial cabinet had formed a committee, but did not include IGP in it. The provincial government was delaying the enactment of new rules which was clearly delaying the implementation of the court’s order, he added.

Earlier, the court had ruled that “the inspector general of police shall, within 30 days, frame draft rules, setting out the manner in which he – and the police hierarchy acting through him – is to exercise the power of transfers and postings in the police force at all levels (including PSP officers serving in the province). The rules must be framed in a manner that ensures the autonomy of command and independence of operation.”

The rules must be transparent in form and reality, and fair in operation and effect, the court had said.

It added in its judgment that “the draft rules shall be transmitted to the provincial cabinet and also, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police. The provincial cabinet must consider the draft rules at its next meeting or a meeting specifically called for such purpose within 15 days.”