ISLAMABAD: Upholding the Sindh High Court (SHC) verdict, the Supreme Court on Thursday ruled that Sindh Inspector General of Police AD Khawaja will continue on his post and restrained the federal and the provincial government to take any step in this regard.
A meeting of the federal cabinet chaired by Prime Minister Shahid Khaqan Abbasi had last week approved the appointment of Sardar Abdul Majeed Dasti as Sindh’s new inspector general of police, replacing AD Khawaja.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan held that the Sindh police chief will have complete authority to make transfers and postings in the department.
The court held that any move of the federal government to transfer the IGP will have no effect and that AD Khawaja will continue functioning as Sindh police chief till conclusion of the trial. The chief justice also held that the appointment of new IGP in Sindh will be conditional to the Supreme Court’s ruling and any decision of the Sindh government in this regard will be assumed as suspended.
The CJP praised the SHC’s September 7, 2017, decision of dismissing the Sindh government’s order of removing AD Khawaja and holding that he will complete his due term in the province. He noted that the SHC verdict was well versed and deserved to be read again and again.
During the hearing, Farooq H Naek, counsel for the Sindh government, apprised the court that the SHC had declared the Police Act 2011 as constitutional, adding that the SHC had also given powers to AD Khawaja to make transfers and postings of police officers. He said the SHC granted relief to the applicant which he even had not sought. When Sindh advocate general (AG) came to the rostrum to advance arguments, the chief justice stopped him and asked him to leave the rostrum. “By giving letter to Farooq H Naek, you have proved your incapability,” the chief justice told the AG, adding that now he had no right to speak on the rostrum.
On a request by Naek that a date may be fixed to hear the appeal of his client, the court directed him to move an application for early hearing of the case.
PPP-led government in Sindh had twice tried to remove IG Khawaja from his post – first in December 2016 when it sent him on forced leave and then in April 2017, when it surrendered his services to the federal government and appointed Sardar Abdul Majeed Dasti as the Sindh police chief.
AD Khawaja was sent on ‘forced leave’ on Dec 19, 2017, because the Sindh government was unhappy with him over several issues relating to the recruitment of constables and suspension of police officers. Khawaja had assumed charge as Sindh IGP in March 2016.
Published in Daily Times, January 19th 2018.
