KARACHI: The Sindh High Court has ordered the chief secretary to ensure that no “political interference” takes place in the police department at any cost.

The SHC also noted that the provincial police lacked specific rules for transfers and postings of SHOs and ordered that a three-member committee, to be headed by the chief secretary, to draft such rules and get the same approved in two weeks.

A two-judge bench comprising Justice Salahuddin Panhwar and Justice Adnan-Ul-Karim Memon further said that the inspector general of Sindh police must exercise such powers within the framework of relevant law and rules as well as to create a pool of eligible officers for posting as SHOs.

It said that the practice of appointing additional SHOs at the police stations across the province must be discontinued.

Bench asks authorities to appoint SHOs with clean service record and no criminal charges

The bench was hearing a petition filed in August about alleged abduction/disappearance of a man and during previous hearing, it had taken exception over the posting of additional SHOs and summoned the secretary home department and a senior police officer along with policy and criterion to issue such posting orders as well as to explain whether sub-inspectors can be posted as SHOs.

At the outset of the hearing, DIG-East Ghulam Azfar Mahessar along with other senior officers turned up and submitted that sub-inspectors can be posted as SHOs under the Police Rules 1934.

However, the bench noted that practice to appoint additional SHOs be discontinued and Section 12 of the Police Act, 1861 empowered the IG to make rules for conduct and discipline of police including guiding operations and investigations as both branches of police have crucial roles in maintaining public safety.

It also stated that the operations and investigations branches of police department have distinct functions, but the same were interconnected and required effective coordination.

The bench further said that the operation branch was responsible for maintaining law and order, responding to emergencies and preventing crime while investigation branch was tasked with investigating crime, collecting evidence and apprehending suspects.

“The key functions of investigation are crime scene investigations, forensic analysis, interrogation of suspects, coordination with prosecutors and intelligence gathering, however they were facing political interference. Chief Secretary shall ensure no political interference of whatsoever nature shall take place at any coast in the police department. The IGP must exercise these powers within the framework of the Police Act and related rules”, it added.

The bench also noted that Sindh police lacked specific rules for transfers and postings of SHOs and this oversight needed to be addressed by framing rules under Section 12 of Police Act to streamline operations and investigations strictly in terms of a judgement handed down by the Supreme Court in the case of Gul Hassan Jatoi vs Faqeer Mohammad Jatoi and reported in 2016.

The SHC asked the Sindh police to appoint SHOs with clean service record, no criminal charges and good interpersonal skills while such officers must have qualified upper school courses and to undergo regular training programs.

The minimum tenure of SHOs is one year, but they may be transferred prematurely due to ineligibility, unsatisfactory performance or misconduct and to ensure effective policing, the IGP will create a pool of eligible officers and post SHOs from this pool or requisition officers from other districts, it added.

The bench in its order also said, “Let at the first stance, draft rules under Section 12 of the Police Act be prepared by the committee headed by chief secretary Sindh, co-opted by the home secretary Sindh and IGP Sindh and the same be submitted to the law department for vetting and then be transmitted to the competent authority for approval”.

While adjourning the hearing for a date to be fixed after two weeks, the bench directed the committee to submit the approved copy of the rules at the next hearing.

Published in Dawn, October 20th, 2024