KARACHI: The Sindh High Court on Thursday was moved for seeking explanation from the provincial government and the inspector general of police of Sindh as to why the rules were not formed for transfers and postings in the police department.

Advocate Faisal Siddiqui, representing petitioner Karamat Ali, filed an application submitting that the court in its judgment on Sept 7 had directed the police chief to draft new rules for setting out the manner of transfers and postings and submit the same before the provincial cabinet.

Earlier, the court had ruled that, “the Inspector General shall, within 30 days, frame draft rules setting out the manner in which he (and the police hierarchy acting through him) is to exercise the power of transfers and postings in the police force at all levels (including PSP officers serving in the Province). The rules must be framed in such manner as ensures autonomy of command and independence of operation. The rules must be transparent in form and reality, and fair in operation and effect.”

The court added in its judgment that “The draft rules shall be transmitted to the provincial cabinet and also, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police. The provincial cabinet must consider the draft rules at its next meeting or a meeting specifically called for such purpose within 15 days.”

Advocate Siddiqui informed a two-judge bench that complying with its directives, IGP A.D. Khowaja had drafted new rules and sent the same to the provincial cabinet on Oct 6. “The provincial cabinet was supposed to consider new rules in its meeting specifically called for such purpose within 15 days of receiving the same from the provincial police chief, but the meeting was held after a delay of seven days,” he added.

The counsel submitted in the application that the provincial cabinet had formed a committee, keeping the IG away from it.

“The provincial government is delaying the enactment of new rules, thus clearly delaying the implementation of the court’s order.” A division bench, headed by Justice Munib Akhtar, took up the application, but the provincial law officer requested the court to fix the matter for hearing on Nov 30.

The advocate general was directed by the bench to seek instructions regarding the enactment of the rules to explain why the rules had not been enacted.

Published in Dawn, November 24th, 2017