Daily Times

KARACHI: The Pakistan Peoples Party (PPP) government will have to wait for some more time to appoint Sindh police chief of its own choice as the Sindh High Court on Thursday extended its stay order reversing the government’s notification that removed Inspector General of Police AD Khawaja and appointed additional IG Sardar Abdul Majeed Dasti in his place.

A two-judge bench headed by Justice Munib Akhtar extended its interim order until April 11 while turning down the provincial government’s request to vacate its stay order to remove IG Khawaja in the wake of Sindh cabinet’s endorsement.

Advocate General Zameer Ghumro informed the judges that the Sindh cabinet had endorsed the removal of AD Khawaja and appointment of additional IG Sardar Abdul Majeed Dasti in his place.

The PPP’s provincial government had suffered a setback on March 3rd when the high court had 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.

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

At the outset of the hearing, Ghumro submitted the reply on behalf of the Sindh chief secretary, stating that he did not commit any contempt of court since IG Khawaja was working on OPS so we surrendered his services to the centre.

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

Faisal Siddiqui, the petitioner’s lawyer, submitted that the high court had earlier 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 Khawaj to the federal government and appointing Sardar Abdul Majeed in his place.

Earlier, 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.

They submitted that Khawaja was sent on forced leave on Dec 19 by Sindh’s chief secretary as the government was reportedly displeased with him over recruitments in police department on merit and suspension of retired officers against the wishes of the political leaders of the ruling party.

Besides, he argued that the provincial government had enacted the Sindh (Repeal of the Police Order 2002 and Revival of the Police Act 1861) Act 2011, subverting transparency and check-and-balance mechanism.

The Police Order 2002 was promulgated to reform police and redefine its role, duties and responsibilities according to the Constitution. In order to achieve its objectives, the law requires a number of institutions to be set up for public oversight and maintaining check and balance and to increase efficiency of the police by minimizing political influence, he said while lamenting that since its promulgation the law is yet to be implemented.

The petitioners said that they were aggrieved at the repealing of the law and the provincial government’s interference in the police department and sending Khawaja on a forced leave.