SHC extends stay against Sindh IG’s removal till April 13

KARACHI: Extending its stay against removal of Sindh IG Allah Dino Khawaja till April 13, the Sindh High Court (SHC) questioned on Tuesday if there was any legal mechanism between the federal and provincial governments on the appointment of provincial police officers in provinces.

A two-judge bench, headed by Justice Munib Akhtar, will examine the legal arrangement between the Centre and the province on the appointment of the IG on Thursday. The bench was hearing two applications seeking contempt of the court order proceedings against the provincial authorities for removing Khawaja from the post in alleged violation of the earlier stay order and suspension of the government’s notification that gave the additional charge of the post to AIG Abdul Majeed Dasti.

Both the pleas were moved by a group of non-profit organisations (NGOs), including Pakistan Institute of Labour Education and Research and Urban Resource Centre. The NGOs had approached the court against the likely removal of Khawaja from the post of IG in December last year and reforms in the policing system in the province.

On the previous hearing, the court had restrained AIG Dasti from continuing with the additional charge of the provincial police chief and directed Khawaja to immediately assume the charge.

During the proceedings on Tuesday, the petitioners’ lawyer, Faisal Siddiqui, argued that the provincial government enjoyed powers to do legislation on the federal subjects, which were mentioned in the concurrent list. However, legislation on such issues was subject to confirmation by the president, he added.

The judges inquired from the provincial advocate-general, Zamir Ghumro, as to whether there was any legal mechanism between the federal and provincial governments for the appointment of the IG. The bench directed him to submit such legal mechanism by April 13. Till then, the bench extended its previous stay order restraining removal of Khawaja from the post of the IG.

On the previous hearing, the court had questioned whether the decision to remove the IG was taken by the provincial cabinet or not. Earlier, the secretary, Sajid Jamal Abro, had sworn an affidavit, insisting that he had not committed contempt of court in the order dated December 16, 2016, by surrendering services of the IG to the federal government.

He had argued that since Khawaja was working in own pay scale, his services were handed over to the Centre. He reiterated that no contempt of court’s order was committed.

Abro had maintained that the provincial government was implementing the judgment given by the Supreme Court in the famous Anita Turab case, wherein the apex court had ruled that the public servants must complete three-year tenure on the given post, in letter and spirit.

Source: The Express Tribune