Daily Times

KARACHI: The Sindh High Court has extended its stay order against the removal of Inspector General of Police AD Khawaja until April 13.

A two-judge bench headed by Justice Munib Akhtar had put off the hearing after partly hearing the arguments from the petitioners’ counsel. It directed the counsel to conclude his arguments on the next hearing.

Faisal Siddiqui, the petitioners’ lawyer, argued at length on the legal point of whether the provincial government was empowered to remove and appoint IG Sindh of its own choosing and enact laws that come within the domain of federal government.

He said the provincial government enacted the Sindh (Repeal of the Police Order 2002 and Revival of the Police Act 1861) Act 2011, which was unconstitutional and aimed at subverting transparency and check-and-balance mechanism in the police department.

The PPP’s provincial government had suffered a setback on March 3rd when the high court suspended its notification restoring AD Khawaja as IG Sindh and asking the new IG to relinquish the charge.

The court observed that the IG could be removed only after the cabinet endorses the decision as the apex court had held in its verdict that the provincial governments could exercise their statutory powers that are conferred on them through cabinet.

In the wake of court’s order, the Sindh government had summoned cabinet meeting which endorsed the removal of AD Khawaja and appointment of additional IG Sardar Abdul Majeed Dasti in his place.

The government’s decision to surrender the services of AD Khawaja to the federal government and appoint a police officer of its own choosing had attracted the criticism of civil society so far as to prompt some civil rights organizations to approach the court.

The court was hearing the contempt of court application seeking initiation of contempt proceedings against Sindh chief secretary and others for flouting its orders.

The petitioners’ counsel had earlier submitted that the high court had directed the government not to remove Khawaja in violation of the apex court’s judgment. However, he added, it issued a notification on March 31 surrendering the services of Khawaja to the federal government and appointing Sardar Abdul Majeed in his place.

Civil rights campaigners -Karamat Ali, Shehzad Roy, Nazim Fida Hussain Haji, Orangi Pilot Project Research & Training Institute, Pakistan Institute of Labour Education & Research and others – had gone to the court against the removal of Khawaja.