KARACHI: Rift delays formation of safety commission
By Arman Sabir
KARACHI, Nov 14: Formation of the Capital City District Public Safety Commission (CCDPSC) has been delayed further, after the Sindh governor expressed some reservations about the names for independent members forwarded by the selection panel.
Well-placed sources said the governor had asked to re-advertise and recommend the names afresh. They added that the directives by the Sindh governor had divided the members of the selection panel over the issue of reselecting independent members.
The three-member selection panel, constituted under the clause 53 of the Police Order 2002, comprises the chief Justice of the Sindh High Court (as chairperson), and one nominee each of the provincial government and the city government. General F.S.K. Lodhi is the nominee of the provincial government and the city government is represented by Mr Zulfiqar Ali on the selection panel.
The panel has been assigned to select six independent members for the CCDPSC by following the due course of procedure as laid down in the Police Order 2002. According to clause 53(2), the selection of independent members shall be by consensus.
Clause 54 of the police order 2002 reads: “Functions of the selection panel. - the selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the governor of the province.”
Accordingly, the sources said that the selection panel through the home department had invited applications from the public and an advertisement was published in an Urdu daily on September 3, 2002. Sixty eight applications were received of which 17 eligible candidates were called for interview on Sept 25. After an interview, eight men and four women candidates were selected and their names were forwarded to the Sindh governor.
Sources said that a letter was issued to the registrar Sindh High Court by the home department on March 8, 2003, stating that the recommendations of the selection panel were submitted to the competent authority (Sindh governor) for approval. However, the competent authority desired that since a democratic setup had emerged, the chief justice may be requested to re-advertise and recommend the names afresh.
The chief justice, being chairperson of the selection panel, convened a meeting on April 21, 2003, attended by Gen F.S.K Lodhi and Mr Zulfiqar Ali. The committee vide its letter dated 27-9-2002, had recommended 12 independent members for appointment as members of the CCDPSC. According to the minutes of the meeting, all the three members of the selection panel agreed that such recommendations were made after going through a lengthy, cumbersome and tedious process of calling applications, scrutinising them with a view to determine the eligibility and competency of the persons for interview and then holding interviews of the persons who were found to be fit and eligible for appointment as members of the commission.
They noticed that no reasons had been given as to why no action was taken from 27-9-2002 till 8-3-2003, and how the change in government would affect the selection of independent members. They felt the reason given for fresh selection of independent members was not at all plausible and the commission might be established by approving the names of the selected independent members.
The sources claimed that things were manipulated and without a consensus among the three members of the selection panel, a fresh advertisement was published in an English daily on August 6, 2003, and in an Urdu daily on the following day.
Later, on August 27 a meeting of the selection panel was convened in which the nominee of the city government Zulfiqar Ali expressed dissent over re-advertisement for and reselection of independent members.
He said in a letter to the chairperson of the selection panel that the panel had selected 12 members according to the rules and regulations. “There is no lawful justification to hold a meeting to repeat the procedure”, he stated.
The sources said that after a lapse of about two months, another meeting was held on Oct 24, to consider the fresh applications received in pursuance of the recent advertisements. However, Mr Zulfiqar Ali did not attend the meeting, in protest.
The sources said it was clearly mentioned in the Police Order that the three-member selection panel would take decision by consensus and not by majority of votes. They said the governor did not have the power, under the Police Order promulgated by Chief Executive Pervez Musharraf, to reject all the names for independent members forwarded by the selection panel. However, he could only approve half of the names forwarded to him.
Clause 50(1) of the Police Order, reads: “Composition. - (1) Three members of the CCDPSC shall be elected by the Zila Council, from amongst its councillors on the basis of each member casting only one vote in favour of any contesting candidate through secret ballot.”
“50(2) Three members shall be nominated by the Speaker of the Provincial Assembly from amongst its members, two from the treasury and one from the opposition, in consultation with the Leader of the House and the Leader of the Opposition.”
“50(3) The remaining six members shall be independent members and shall be appointed by the Governor from a list of names recommended by the Capital City District Selection Panel.”
“50(4) One third of both the elected and independent members of the Commission shall be women.”
“50(5) The Naib Zila Nazim shall request the Chairperson of the Capital City District Selection Panel to conduct the election of the members of the Capital City District Public Safety Commission referred to in Clause (1).”
“50(6) The appointment of members shall be notified in the Official Gazette.”
