IGP's power for posting and transfer: SHC asks Sindh govt to reply by November 12

Sindh High Court (SHC) on Thursday ordered the provincial government to furnish the reply by November 12, 2019 in a petition pertaining to empowering Inspector General (IG) over posting and transfer in police force.

A division bench of the SHC headed by Justice Muhammad Ali Mazhar was hearing the petition of citizens and civil society including former Chairman Citizen Police Liaison Committee (CPLC) Jameel Yousaf, human right activist Jibran Nasir, Shehri - Citizens for a Better Environment etc.

The petitioners held the view that autonomy of command and the independence of the Police, which essentially and necessarily includes dominant control over transfer and posting of all police officers especially the senior police officers, can only be ensured if IG has autonomy of command and independence especially in matters of transfer and posting.

They also cited that Judgment Sindh High Court in another petition which is based on the categorical findings that fundamental rights of the citizens and residents can only be ensured through an autonomous and independent police force, in which IG has control over the transfer and posting of the police force.

They submitted that judgment of SHC has been upheld by the Supreme Court through Order dated: 22.03.2018, in Civil Appeal No.148 and 149 of 2018, and the detailed reasons given separately by the Supreme Court.

The petitioners prayed the court to declare illegal and unconstitutional Section 13 of the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002) (Amendment) Act, 2019, dated 26.06.2019, in relation to the appointments of Additional Inspectors General of Police and Deputy Inspectors General of Police.

They also pointed out that the constitution of the police under Section 7 of the Police Act, 2019, would be prima facie unconstitutional without the role of the IG and pleaded the court to declare that in implementing Section 7 of the Police Act, 2019, substantive consultation of IG is a legal mandatory requirement.

The petitioners submitted that approval by the Chief Minister and Government under the Proviso to Section 15(1) and (2) regarding the posting and transfer of Deputy Inspector General of Police of a Range and Senior Superintendent of Police is not binding on the (IG) and the notification of all postings under Section 15 is to be issued by IG.

During the hearing of the petition, the provincial government attorney sought the time for furnishing the reply. He told the court that letters have been forwarded to Chief Secretary and other relevant departments to submit their replies in the petition.

The Advocate General Sindh requested the court to grant the provincial government one month for furnishing the reply, which the court termed too much time and ordered it to submit the reply by November 12, 2019.

Copyright Business Recorder, 2019