ISLAMABAD: The Supreme Court barred the transfer of police officers before the end of their tenure as specified in Police Order 2002, saying that unjustified postings and transfers affect the entire criminal justice system.
A three-judge bench, headed by Chief Justice Umar Ata Bandial and also comprising Justice Ayesha Malik and Justice Athar Minallah, on Thursday heard the petitions of Rana Tahir Saleem and Mohammad Javaid regarding political interference in the transfers and postings of the Punjab police.
The governments of all four provinces were directed to furnish the lists of the police officers transferred in their respective provinces.
The bench directed the provincial governments of the Punjab and Khyber-Pakhtunkhwa to implement the Police Order 2002 to stamp out unease among the public owing to growing crimes. The chief justice said police officers should not be transferred at the behest of any MPAs, adding if a transfer is unavoidable before the stipulated time then the top police officers must record the reasons.
Justice Bandial further said; “No officer should be removed without the consultation of a senior officer.” Appointing a DPO or a CPO was the prerogative of the inspector general of police, he added.
The chief justice asked whether “formula for good governance” will be pursued in Sindh and Balochistan as well [for the reformation of police working]. “Will the Punjab government enforce the law or should the court issue directions on it?” the CJP questioned, while asking authorities to seek a reply from the Punjab government and submit the same before the court.
During the proceeding, the chief justice said that the Court took notice of the police transfers as it is affecting the public at large, adding killings are increasing in KP, and the murder of lawyers has also risen.
Justice Bandial noted that investigating officers should have a separate position so that they are independent in decision-making. “There is no such thing as investigative skills in the police,” the CJP said and added that the police present “flawed evidence that benefits the accused”. He questioned; “If the police will benefit the accused, where will the victim go?”
The chief justice also stated that transfers of police officers should not be done on the orders of any member of the provincial assembly (MPA), adding that according to law, a central police officer (CPO) or divisional police officer (DPO) cannot be removed before three years and it is the prerogative of inspector general (IG).
The CJP directed that the court be informed after taking instructions from the provincial government and noted that people are suffering due to crime and insecurity.
The apex court said that there is a perception that the police are used by governments as a political weapon, adding that according to the law, investigative officers should be separated from other police functions.
The case was adjourned until the second week of January 2023.
The petitioners have alleged that due to the violation of Police Order 2002 the crimes are rising. They submitted that nine Lahore capital city police officers (CCPOs) and eight inspector generals of police (IGP) were changed between June 7, 2018 and August 29, 2022.
The frequent reshuffles reflected that the CCPOs and IGPs had average tenures of 4.5 and 6.2 months only, respectively, according to the petitions.
Copyright Business Recorder, 2022
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