KARACHI: The Sindh High Court on Monday suspended recent transfer of six deputy inspectors general of Sindh police from the province as the federal and provincial authorities sought further time to file comments.

The petitioner contended that there were 21 PSP DIGs in BS-20 who had been working under Sindh government for more than 10 years in violation of the promotion policy 2020 but only six of them had been transferred.

The two-judge bench headed by Justice Mohammad Shafi Siddiqui observed that the points raised by the petitioner’s lawyer required consideration and since the comments had not been filed by the respondents, the impugned notifications of transfer would remain suspended.

Rashid Bohio advocate filed a petition in SHC and impleaded secretary of establishment division and secretary of home department Sindh as respondents and also submitted a list of 21 DIGs serving in Sindh for over a decade.

The petitioner’s counsel Salahuddin Ahmed argued that the establishment division had notified the promotion policy in August 2020 regarding transfer and posting of police officers.

He relied upon rule 5(c) of the policy that regulated rotation of officers serving for long, continuous period at one location.

He maintained that the officers who had served for over 10 years under a provincial government must be transferred to other provincial governments in three phases spanning over six months each starting from the officers who had the longest tenures in a government.

He argued that as per policy, out of 21 DIGs currently serving in Sindh, the first seven officers on the list (who had continuously been serving for last 17 to 22 years in Sindh) should have been transferred in the first phase and then the next batch of seven and so on.

However, the counsel contended that the establishment division had transferred six DIGs serving in Sindh police in blatant violation of the policy and instead of following the set policy, method of pick and choose and favouritism had been adopted.

He argued that the policy had been violated and relied upon a judgment of Supreme Court reported in 1995 to prove his point.

In the previous hearing of the petition, the bench had issued notices to the respondents and the federal and provincial law officers. However, at the outset of the hearing on Monday, deputy attorney general and additional advocate general sought further time to file para-wise comments.

Contempt notices against minister, others discharged

A larger bench of SHC on Monday discharged the contempt notices earlier issued to provincial Irrigation Minister Sohail Anwar Siyal, chief secretary of Sindh and secretary of irrigation department after they tendered unconditional apologies.

However, the three-judge bench headed by Justice Mohammad Iqbal Kalhoro directed district judges concerned to depute judicial magistrates to verify the statement filed by them about completion of the first phase of an anti-encroachment operation to retrieve land of irrigation department across the province.

In the previous hearing, the bench had ruled that it would indict them on March 8 for contempt of court since the alleged contemnors had not complied with its order.

On Monday, they submitted a statement through advocate general of Sindh and contended that the first phase of the operation had been completed and the compliance had been made with the bench’s order issued on Jan 18. They also submitted affidavits and tendered unconditional apology.

“While appreciating the statement of the learned advocate general, we consider it expedient and in public interest to obtain independent verification in this regard. In view hereof, we direct the respective district and sessions judges to depute judicial magistrates or civil judges to ascertain whether in their respective districts phase-I of the anti-encroachment operation, had been completed,” said the bench in its order.

The bench also sought reports from the district judges within two weeks through the registrar of SHC.

Published in Dawn, March 9th, 2021