KARACHI: Amid the fresh episode of strained relations between the Sindh government and the provincial police officer, the Sindh High Court on Monday restrained the provincial authorities from surrendering the services of the Sindh inspector general of police without consultation with the federal government till Jan 28.

The two-judge SHC bench headed by Justice Mohammad Ali Mazhar also issued notices to the federal and provincial authorities as well as other respondents to file comments by the next date of hearing.

A provincial law officer contended that the Sindh government would not act against the law on the issue of IG Syed Kaleem Imam and submitted that he was not removed and with regard to the question of surrendering his services, the provincial government had already communicated it to the federal government and the consultation process had been started.

Jibran Nasir and others through their counsel Faisal Siddiqui moved the SHC and sought enforcement of Article 12(2) of the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002) (Amendment) Act, 2019 in letter and spirit. They also filed an interlocutory application seeking restraining order against removal or surrender of the services of the IG without substantive consultation with the federal government as required under article 12 of the act.

SHC issues notices to stakeholders to respond by 28th

The lawyer submitted that the law had provided a three-year tenure for the posting of IGP and contended that without meaningful consultation with the federal government, the Sindh government had decided to surrender the services of the IG unilaterally to the establishment division.

He also produced a copy of a letter communicated to the establishment division secretary by the provincial government on Jan 6 in which a request was made to surrender back the services of the IGP. Some allegations had also been made regarding the performance of the provincial police officer.

The bench observed that the letter transpired the decision of the provincial cabinet, which was communicated to the establishment division, for recalling the services of Mr Imam as the IGP of Sindh and posting of a new IGP with mutual consultation between the federal and provincial governments as laid down in the law.

‘Look-after’ charge issue

It was further communicated that till the new IGP was posted, the Sindh government will assign the ‘look-after’ charge of the post of IGP to an additional IGP (BS-21) currently working in Sindh.

The lawyer for the petitioner further argued that nothing was on record to show any consultation was made with the federal government on the issue and rather in its Jan 17 letter in response to the Sindh government’s letter, the federal government had barred Sindh from appointing any acting IGP.

The letter of the federal government, a copy of which was produced in court by the lawyer for the petitioners, said that the transfer/posting of the provincial police officer was made by the federal government in consultation with the provincial government in accordance with the procedure prescribed in Paragraph-11 (iv) of the Inter-Provincial Agreement reached between the federal government and the federating units on Sept 19, 1993.

It was further communicated that the look-after charge of the post of Sindh could not be assigned to any additional IG working in the province being not covered under the Inter-Provincial Agreement, 1993 and in case the competent authority decided to transfer Mr Imam, a stopgap arrangement could only be made by the competent authority.

It was further communicated in the letter of the federal government that the issue to recall the Sindh IG and posting of his replacement, as requested by the Sindh government, was being taken up with the competent authority and the decision of the same will be communicated to the provincial government.

“In the meantime, the incumbent PPO/IGP, Sindh, Mr Kaleem Imam, shall continue to discharge his duties as unilateral repatriation of PPO/IGP, Sindh, and look-after charge of the post cannot be assigned to any additional inspector general of police by the government of Sindh,” it concluded.

Three additional and one assistant advocates general of Sindh were in attendance during the hearing while a deputy attorney general was also present. They sought time to file comments.

Additional Advocate General Ghulam Shabbir Shah argued that no action in violation of Article 12 (2) of the act would be taken by the government of Sindh.

He further submitted that neither the services of the IGP had been surrendered/ suspended nor he had been removed and as for the question of surrendering his services, the Sindh government had already communicated the same to the federal government and a consultation process had been started.

The bench issued notices to the respondents for Jan 28. “However, till the next date of hearing the services of the inspector general of police, Sindh, shall not be surrendered without consultation of the federal government in terms of Article 12 (2) of the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002) (Amendment) Act, 2019”, it ruled.

Published in Dawn, January 21st, 2020