KARACHI: While the federal government on Thursday told the Sindh High Court that it had the final authority to appoint police chief of any province, the Sindh government alleged that the federation was blatantly interfering in provincial affairs through the inspector general of police.

Headed by Justice Munib Akhtar, a two-judge bench was hearing the applications against the provincial government’s move to replace IGP A.D. Khowaja.

The bench put off the hearing to May 2 after partly hearing the arguments of the applicants’ counsel, advocate Faisal Siddiqui.

The bench in the meanwhile also maintained its earlier interim order restraining Mr Khowaja’s removal from the post of inspector general of police.

Civil rights campaigners had approached the SHC for contempt proceedings against the provincial government after it surrendered the services of Mr Khowaja to the federal government and appointed Additional IG Sardar Abdul Majeed Dasti, a grade-21 officer, as acting IGP on April 1.

The applicants’ counsel would carry on with his submission on the next date of hearing at 11am.

On April 6, the bench had passed an interim order directing IGP Khowaja to continue his duty as provincial police chief though his services were surrendered to the federal government by the Sindh government on March 31.

Additional Attorney General Salman Talibuddin filed a reply on behalf of the federal government.

He also submitted the minutes of a 1993 meeting chaired by the then prime minister and attended by the then chief ministers of Sindh, Punjab, Balochistan and NWFP to resolve the issue.

The meeting decided that the appointment of APUG officers — chief secretary and inspector general — is the authority of the federal government but it is bound to consult stakeholders (the provincial governments) in this regard.

The federal law officer alleged that A.D. Khowaja was not being taken on board by the provincial government nor was he being called in meetings.

Sindh Advocate General Zamir Ghumro submitted that the federal government was blatantly interfering in provincial affairs through the IGP.

As for the 1993 agreement placed before the court, he said that the federal government law officer had submitted the minutes of a meeting during a caretaker government and the minutes were never confirmed or notified.

The provincial government’s chief law officer contended that any major decision could not be taken by a caretaker government under the law of the land.

He pointed out that the Supreme Court had also held that the caretaker government could not take major decisions and it could only deal with day-to-day affairs.

AG Ghumro further said that it was an effort by the then caretaker government to replace the law and the minutes, not confirmed by the provincial government, had no value under the law.

Published in Dawn, April 28th, 2017