KARACHI: Notices issued in plea challenging promotions in police
By Shujaat Ali Khan
KARACHI, Dec 9: The Sindh High Court on Friday issued notices to the advocate-general and 26 respondent police officers in a petition challenging out-of-turn promotions in the police department.
Promotions in the department were made on the basis of seniority and merit in accordance with the prescribed policy. An amendment inserting Section 9A in the Sindh Civil Servants Act, 1973, provided for accelerated promotions in the year 2002. The promotions were to be granted as a reward in cases of proven gallantry and performance beyond the call of duty.
The Sindh Civil Servants Appointment, Transfer and Promotion Rules, 1973, were also amended in pursuance of Section 9A of the Civil Servants Act. A new rule (8B) provided for a high-level committee headed by the provincial chief secretary to recommend cases for accelerated promotions to gallant and dedicated police officers and officials.
Fifty police superintendents, deputy superintendents and assistant inspectors-general, many of them working as town police officers, however, complained through Advocate Khalid Jawed Khan that the police promotions were not being made in accordance with the rule and law. The rule envisaging the appointment of a high-powered committee to recommend cops for speedy promotion had been revoked.
The chief minister, they alleged, has monopolised the authority to make promotions. Instead of gallantry or performance beyond the call of duty, close links to the provincial chief executive had become the sole criterion for promotions. Several undeserving officers had been promoted while deserving ones were ignored. Out-of-turn promotion had become the norm and regular promotion an exception, the petitioner maintained.
Among the petitioners are SSPs Sultan Khwaja and and A D Khwaja while SSP/AIG Manzoor Mughal is among the respondents. A bench, comprising Justices Ghulam Rabbani and Munib Ahmed Khan, issued notices in the petition for the third week of January 2006.
RECOVERY SUSPENDED: The Sindh High Court admitted on Friday a reference preferred by an automobile manufacturing unit and suspended the recovery of Rs 57 million.
Advocate Aziz A. Shaikh argued on behalf of Pak-Suzuki that the customs duty demand on account of import of automobile under the deletion programme were exempt from the imposition. The customs, excise and sales tax appellate tribunal, which upheld the levy, erred in law while not accepting the transaction value concept (GATT code implemented as per WTO agreement of customs valuation).
The tribunal also overlooked other vital aspects of the case and proceeded to adjudicate it without correct understanding of the orders and notifications regulating imports under the deletion programme, the lawyer said.
A division bench, comprising Justices M. Mujibullah Siddiqui and Sajjad Ali Shah, admitted the reference for regular hearing in March 2006 and stayed the recovery process in the meanwhile.
YMCA CASE: The Sindh High Court on Friday ordered status quo in respect of the management and properties of the Young Men’s Christian Association, Karachi.
Three factions of the associations are at loggerheads over control of the YMCA affairs. Each claims to be the authentic YMCA for purposes of running the association’s affairs. They are registered under different laws.
The SHC nazir was earlier appointed to hold elections but the court stayed further poll proceedings when it was informed that there were three claimants to the YMCA banner and that there was no undisputed list of voters.
Additional Advocate-General Abbas Ali submitted that the multi-billion immovable property attached to the YMCA premises was the real bone of contention between the various parties.
A division bench, comprising Justices Mushir Alam and Amir Hani Muslim, observed that a detailed order would be passed to deal with the various aspects of the case. For the time being, the parties would maintain status quo.
APPEAL ADMITTED: A Sindh High Court division bench admitted on Friday an appeal moved by the Trading Corporation of Pakistan against a restraint order passed by a single judge.
The corporation submitted through Advocate Ashfaq Hussain Rizvi that the petitioner Mall Developers or their principals in the United States had nothing to do with the urea business. The TCP conducted an inquiry following a letter received by the Pakistan embassy in Washington against the US company and it was disqualified.
It said the contract for import of 300,000 metric tonnes of urea had by and large been acted upon. Almost the entire amount payable to the exporters had been made by the TCP and three shipments had already arrived while the fourth was on its way.
A division bench, comprising Justices Anwar Zaheer Jamali and Yasmin Abbasey, admitted the appeal for hearing and issued notices to the respondent company for Dec 12.
