KARACHI: The Sindh advocate general (AG) has advised the provincial cabinet to get the Removal From Service (Special Powers) Sindh Ordinance, 2000, repealed from the assembly, it emerged on Saturday.

In a communication dated July 5, 2017 and addressed to the provincial chief secretary and law department, AG barrister Zameer Hussain Ghumro brought the provincial cabinet’s attention to the fact that the ordinance curtailed the fundamental rights of Sindh government employees and advised it to consider its repeal.

He recalled that the ordinance was enacted during the “unlawful emergency” declared on October 14, 1999.

“The parliament has repealed the federal law of removal from service ordinance, 2000 and three other provinces have also done the same,” he argued, and said that the ordinance had overriding effect under Section 11 [of the Sindh Civil Servants Act, 1973].

The communication said that the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 made under Section 25 of the Sindh Civil Servants Act, 1973 were applicable to the civil servants of the province.

“The parliament during the Pakistan Peoples Party government, while repealing the federal act of Removal From Service (Special Powers) Ordinance, 2000, in 2010 declared it an arbitrary piece of legislation impinging upon the fundamental rights of the province,” it recalled.

The statement of objections of the federal act of 2010 states: “This is a special law that confers arbitrary powers on the competent authority in violation of the fundamental rights conferred by the Constitution and the law. Specific laws relating to this subject are already in the field hence this law is not required. Further, it was passed without the scrutiny of parliament.”

The AG said that the matter was being agitated in the courts of law on the touchstone of fundamental rights. “[The] lawfully elected Sindh government is the custodian of people’s rights and it has been upholding the rights of the people by enacting laws friendly to the people and repealing those which are in conflict with [the] Constitution and fundamental rights,” he observed.

Therefore, he said, in the larger interest of civil servants of the province, the Sindh cabinet should move a bill for the repeal of the ordinance in question so that people might not be subjected to arbitrary treatment under the law enacted during constitutional deviation and dictatorial regime.

Published in Dawn, July 9th, 2017