LARKANA: A constitutional bench of the Sindh High Court has asked the Sindh prosecutor general, chief secretary and law department secretary to file comments by July 31 in a petition filed in public interest.

Advocate Jamil Akbar Korai had filed the plea seeking redressal of alleged grave illegality, maladministration and misuse of public office, causing serious prejudice to senior officers of the prosecution department and financial loss to the public exchequer.

He prayed the court to direct the respondents to order promotion of senior most deputy district public prosecutors (DDPPs) against the vacant posts of district public prosecutors (DPP).

Hearing the petition, the bench of the SHC circuit court Larkana, comprising Justices Muhammed Saleem Jessar and Riazat Ali Sahar, summoned the respondents on July 31.

The petitioner said that of the 28 districts in Sindh, the posts of the DPP in only 21 districts have been filled through legal means. Instead of filling the posts through regular promotions from amongst senior most DPPs, the respondents have unlawfully posted junior-most DDPPs (BPS-18) as incharge DPPs (BPS-19) on OPS and look-after charge, usurping the legitimate rights of senior officers.

He said seven DDPP junior officers were posted on OPS/additional and look-after charge basis in violation of the law as laid down by the Supreme court of Pakistan in the Judgments reported in 2010 SCMR 1301, 2014 SCMR 1189 and 2018 SCMR 1411.

The petitioner said these unlawfully posted junior incharge DPPs on OPS/look-after basis, owing to their lack of seniority experience and accountability, are reportedly misusing powers. Therefore, all those junior most DDPPs posted as incharge DPPs throughout Sindh are liable to be replaced by senior most DDPPs waiting for their regular promotions, he said.

That a provisional seniority list of DDPPs (BPS-18) dated June 3, 2025 issued by the secretary law, Parliamentary Affairs & Criminal Prosecution Karachi, reveals that one such individual, Respondent No.3 Ghulam Akbar Bhutto, is placed at Sr. No. 51, yet he has been posted as incharge DPP of Qambar-Shahdadkot bypassing dozens of senior eligible DDPPs, which violates settled principles of merit, good governance and administrative justice, the petitioner said. Besides, reportedly, none from Serial No 1 to 7 of the above provisional seniority list has been posted as DPP, the petitioner said and attached copies of provisional seniority lists of the DPPs and DDPPs.

He said that the conduct of the respondents is in gross violation of Articles 4, 9, 18, and 25 of the Constitution and it is their constitutional obligation to ensure that only qualified, meritorious and senior-most officers are promoted or assigned charge of higher posts, failing which such administrative actions are liable to be set aside.

The petitioner prayed the court to declare the posting of junior officers such as Respondent No.3 Ghulam Akbar Bhutto, as incharge DPPs and all other as illegal, arbitrary and without lawful authority, and order their removal from such charge. He also requested the court to direct the Sindh prosecutor general, law department secretary and provincial chief secretary to order for the promotion of senior-most DDPPs to the vacant posts of DPPs in Sindh strictly in accordance with law.

He also requested the court to direct the respondents to assign charge of the office of the district public prosecutor to only senior-most DDPPs against all the vacant posts in the province till the regular promotions are made.

He prayed for disciplinary and financial audit action against those incharge DPPs who are found misusing powers or causing loss to the public exchequer after thorough enquiry against them with regard to misuse of budget.

The petitioner on Tuesday said that three deputy district public prosecutors — Shahid Mehmood, Muhammed Arif Sitai and Mushataque Ahmed Abro — had through application of 1 Rule 10 CPC R/W Section 151 CPC had submitted to be interveners in the petition.

Published in Dawn, July 30th, 2025