KARACHI: The Sindh High Court on Tuesday directed the investigating officer of a case to appear in person along with a progress report regarding the investigation of an alleged police encounter in which a Sindh University student was killed.

A police officer informed a two-judge SHC bench headed by Justice Naimatullah Phulpoto that the matter was under investigation, but the IO of the case was found absent.

Jan Mohammad had approached the SHC stating that his cousin, Irfan Ali Jatoi, was picked up by personnel of law enforcement agencies on Feb 10 from his house located within the remit of the Shah Latif Town (Karachi) police station.

He submitted that the detainee was a student of Sindh University and since then his whereabouts were unknown and pleaded for his recovery.

SHC is told there’s no specific provision in law to appoint junior officers on senior position on OPS basis

At the outset of the hearing, a police officer informed the bench that the alleged missing person was killed on March 8 in a police encounter within the remit of the Jhangro police station in Sukkur and a case was also registered in this regard and was being investigated.

The Shah Latif SHO, one of the respondents in the petition, in his report alleged that the student had a criminal record as 28 FIRs were lodged against him at different police stations of the province.

He further submitted that his father and brothers were also involved in a number of criminal cases.

The bench issued directive to its office to provide a copy of the SHO’s report to the lawyer for petitioners and ordered the IO of the case to be in attendance along with a progress report about the investigation of the alleged shootout on April 7.

Plea against additional charge of officers

Another SHC division bench on Tuesday ruled that the additional charge of officers as well as transfers and posting on the basis of own pay and scale (OPS) could not be allowed for more than six months.

The court was informed that over 820 officers of BS-16 to BS-20 were holding additional charge of various posts in different administrative departments of the provincial government.

The petitioners submitted that the additional charge and OPS posting and transfer were illegal and in violation of Rule 8-A of the Sindh Civil Servant Rules 1947 and pleaded to set aside all such appointments and postings.

The bench headed by Justice Mohammad Shafi Siddiqui observed that this could hardly be a stopgap arrangement for six months unless recourse was made for such appointments strictly on merits considering the promotion or direct appointment.

Apparently, these OPS officers should not have been allowed for such posting for more than six months as per the judgement of Supreme Court, it added.

The authorities concerned in their comments had not denied such appointments specifically and conceded that since eligible officers were not available, some officers from lower pay scale were appointed as OPS on a higher pay scale.

An assistant advocate general submitted that a compliance report in the light of the SC order in the subject matter will be filed within a week.

The AAG admitted that there was no specific provision in the law or rules to permit such appointments, but the government made such appointments as stopgap arrangements.

Published in Dawn, March 17th, 2021