Daily Times

KARACHI: The Sindh High Court extended its interim order restraining the authorities from removing Sindh police chief AD Khawaja from his post in violation of the apex court’s orders. A division bench headed by Chief Justice Sajjad Ali Shah adjourned the hearing till Feb 15 for hearing final arguments on the question of law raised in the petition. At the outset, the counsel for the home secretary and AD Khawaja filed their replies to the petition.

Advocate Shahab Usto, the counsel for IG Sindh, informed the judges that Khawaja had gone on leave for the next 15 days, and after availing the same, he had resumed his charge on Jan 2. Advocate General Sindh Zameer Ahmed Ghumro informed the court that the government did not intend to surrender his services to the centrr. Khawaja was discharging his duties as IG Sindh.

Meanwhile, another petition filed by an NGO, Sheema Kirmani and others against imminent removal of IG Sindh came up for hearing. The court tagged this petition with another involving the same issue. 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 filed the petition against the possible removal of the incumbent IG Sindh.

In the petition, they submitted that Khawaja was sent on forced leave on Dec 19 by the Sindh 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. Khawaja, who was appointed to the post on March 12 this year, was known for his uprightness and achievements in reforming his force.

Comprehensive recruitment policy and seniority policy, recruitment of almost 20,000 personnel on merit, promoting deserving 282 inspectors to the post of DSP, and 870 sub-inspectors to the next rank are some of his achievements, the petitioners claimed. He also formed the Sindh Police Recruitment Board for transparent decisions, Sindh Police Welfare Board, and revived the Benevolent Fund of Sindh police.

The petitioners’ lawyer contended that the government’s decision to send the Sindh IG on forced leave was unjustified, arbitrary and contrary to the norms of good governance and justice. 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 required a number of institutions to be set up for public oversight and maintaining check and balance and to increase efficiency of the police by minimising political influence, he said, lamenting that since its promulgation, the law was 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 forced leave.

The petitioners pleaded the court to declare that the Police Order 2002 was constitutionally and legally valid and in force and had not been repealed by the above-mentioned Act. The court was requested to restrain the respondent authorities from taking any adverse action against the incumbent IG Sindh.