KARACHI, March 27: The Sindh High Court ordered transfer of all investigations pending before the operations branch of police to its investigation branch as required by the Police Order 2002.

A directive issued by the inspector-general of police (provincial police officer) for transfer of investigation into criminal cases to the operation branch was assailed by a lawyer in a bail application moved by three brothers, facing a trial under the Control of Narcotic Substances Act. Their bail application was dismissed by the Anti-narcotics Court and they approached the high court for the concession.

Advocate Raza Hashmi said the IGP issued standing instructions in February 2005 assigning the investigation of cases registered under the CNS Act and the Arms Ordinance to the operation branch of the police. All other provinces were adhering to the separation of the investigative and operational functions of the police and the Police Order was being violated in the province of Sindh only.

Since the very possession of narcotics and illicit arms constituted an offence, the police station personnel were in a position to extort bribe from the alleged offenders. They were responsible for recovery, registration of cases and investigation at one and the same time.

Elaborating the provisions of the Police Order, Assistant Advocate-General Habib Ahmed submitted that the provincial government was empowered to notify investigation of cases under local and special laws by the operation branch provided they carried jail sentences of three years or less. The impugned directive of the IGP transferred all cases under the special and local laws irrespective of the quantum of punishment. Offences even under Section 9 C of the CNS Act, which carry capital punishment, were being investigated by the operation branch. As for the IGP’s competence to act on behalf of the provincial government, he said the police chief was ex-officio secretary to the government.

The bench, which consisted of Justices Mohammad Afzal Soomro and Rehmat Hussain Jafferi, observed that the IGP could be treated as a provincial secretary for the administrative and financial purposes but an investigation transfer order must emanate from the provincial government under the Police Order. In any case, the whole objective of separation of operation and investigation wings of the police would be defeated if the field staff were allowed to conduct investigations.

The bench also granted bail to the three brothers, Farooq Khan, Maroot Khan and Haroot Khan, in the sum of Rs200,000 each.