KARACHI, Feb 2 Chief Justice of Pakistan Iftikhar Mohammad Chaudhry on Tuesday observed that the police were adding to people's miseries by registering false cases.

The observation came during the hearing of an appeal of two police officers against the judgment of the Sindh High Court that restra- ined the police authorities from assigning them field postings for two years.

“The judiciary cannot remain silent on the registration of false cases by the police,” observed the CJP, adding that such cases should be quashed instead of being tried.

A three-member bench, headed by the CJP and comprising Justices Rahmat Hussain Jafferi and Ghulam Rabbani, disposed of the appeal with the direction to the police authorities to post the appellants, Inspector Ata Mohammad and Sub-Inspector Dur Mohammed, in a district other than Shahdadpur.

The two police officers were accused of registering a false case against Ghulam Mohammed Talpur and his sons for illegally occupying the land of complainant Najamuddin in Shahdadpur. Following their arrest, the suspects in April 2009 were sent to the Shahdadpur jail where they lodged a complaint with Justice Amir Hani Muslim who visited the prison in May 2009. Later, Justice Amir Hani Muslim ordered the provincial police chief not to assign Atta Muhammad and Dur Muhammad any field posting for a period of two years.

Represented by Advocate Mujib Pirzada, Ghulam Muhammad Talpur stated that the DIG of Mirpurkhas conducted a partial inquiry against the two policemen.

Advocate Sadiq Leghari, counsel for the two policemen, contended that the SHC order was without jurisdiction as it was tantamount to interference in the domain of other departments.

He argued that no court could order appointment or posting of officer in any department.

Advocate-General Yousuf Leghari submitted that both policemen would be posted outside the area to ensure an impartial investigation of the case.

The CJP observed that the police were implicating the innocent people and the apex court was receiving such complaints very frequently.

The CJP said that the police officials involved in highhandedness and implicating people in the cases should be punished under the Police Order, 2002.

Disposing of the appeal, the bench directed the trial court to proceed with the case against Mr Talpur and his sons expeditiously and decide it within two months.

The bench directed the DIG of Mirpurkhas to take action against the persons found responsible.

College building to be vacated by June, SC told

The same SC bench disposed of an appeal of the Sindh government against the ejectment order of the Sindh High Court for Allama Iqbal Degree College after the advocate-general assured the court that the college building would be vacated by June and its possession would be given to the owner.

On an earlier hearing, the SC had extended the implementation on the ejectment order for Allama Iqbal College till mid-January and asked the Sindh government to decide the issue either by purchasing the property or increasing the rent of the building.

The SHC had ordered the provincial government to vacate the college building by Dec 31.

Three committees to determine ASIs eligibility

The same bench ordered the police authorities to set up three committees, each comprising a DIG, to sort out the issue of the appointment of 81 candidates for the post of assistant sub-inspectors of the Sindh police.

The bench with this direction disposed of a host of writ petitions filed by the Sindh government challenging the Sindh High Court's judgments that ordered the issuance of appointment letters to 81 candidates for the post of ASIs. The bench ordered the committee to examine the cases of the candidates and issue appointment letters to the candidates on merit.

Abdul Jabbar Memon and 79 other ASIs submitted that they were selected in the police department after passing tests and interviews in 1995-96 but their names were not included in the merit list and some other persons were appointed as ASIs.

The bench directed that the proposed committees would determine the eligibility of the respondent candidates by conducting physical, viva voce and written tests.