KARACHI, May 20: The Sindh High Court restrained the provincial government and police on Tuesday from taking any adverse action against the nine police officers rewarded with out-of-turn promotions for their good performance. The petitioners, senior superintendents of police Farooq Awan, Niaz Khoso, Khurram Waris and six others, submitted that they were given accelerated promotions in recognition of their outstanding performance under Section 9 (A) of the Sindh Civil Servants Act. The provision was, however, omitted during the caretaker regime.

The new inspector-general of police appointed a review committee to look into out-of-turn promotions. The committee wanted to ascertain whether the promotions were well deserved and also how an inspector or a deputy superintendent could become a superintendent or senior superintendent within a short span of time without passing through the normal procedures.

The petitioners said that they had acquired a valuable right under a valid provision of law. The subsequent repeal of the provision could not deprive them of their vested right. A division bench comprising Justices Rana Mohammad Shamim and Qamaruddin Bohra issued notices to the respondent provincial government and the IGP for a date in office. They were restrained in the meantime from taking action against the petitioners. The bench also directed that other pending petitions involving the validity of out-of-turn promotions should be tagged together on the next date for a consolidated hearing.

Order on Haqqani’s plea

Justice Bin Yamin, meanwhile, reserved for announcement on Wednesday his order on the criminal revision application moved by ambassador at large Hussain Haqqani. A case was instituted by the anti-corruption establishment against Mr Haqqani in 1996 for advancing a loan of Rs10 million to a bank of dubious credit in his capacity as chairman of the House Building Finance Corporation. He contested the cases being politically motivated and requested the anti-corruption court to quash it under Section 249-A of the code of criminal procedure as there was no possibility of conviction even if the material produced by the prosecution were believed to be true. The trial court dismissed his plea and he approached the high court.

The applicant’s counsel, Adnan Karim, argued that the complainant in the case, HBFC general manager (personnel) Mohammad Dawood, admitted in his testimony before the trial court that the complaint was lodged under the instructions of Mr Haqqani’s successor in office, Siddiqul Farooq of PML (N), and that it was drafted by (the then) inspector-general of police Rana Maqbool Ahmed Khan. HBFC general manager (accounts) Imtiaz Niamat deposed at the trial as a prosecution witness that the amount was refunded by the debtor bank and no wrongful gain or loss was caused, the counsel submitted.

Deputy Attorney-General Rizwan Ahmed Siddiqui stated that the testimony of the key prosecution witnesses confirmed without any doubt the applicant’s contention that the case was politically motivated.