KARACHI, March 24: The formation of the Capital City District Public Safety Commission hangs in the balance as differences have cropped up among the members of the selection panel after Sindh government's pressure to reinvite applications for independent members of the proposed commission.
A meeting of the three-member selection panel was held on Feb 23 during which one of the members objected to the provincial government's directive. The meeting, which had lasted only two minutes, ended just after receiving a letter from the member, Zulfiqar Ali, a CDGK representative.
Adviser to the CM on Home Affairs Mr Aftab Shaikh has maintained that the criteria of eligibility was ignored in the earlier selection for the independent members. Referring to the Police Order 2002, he stressed that the independent members should be of impeccable integrity and should have proven professional competence in their own fields.
"This criteria has not been cared for. They (independent members recommended by the selection panel) are not eligible for being the members," Mr Shaikh said. Asked if any proposal was under consideration to solve the issue which has aggravated after Mr Zulfiqar Ali's note of dissent, he said: "We have not given this a thought so far, but we have to solve it soon."
The selection panel, constituted under the clause 53 of the Police Order 2002, comprises Chief Justice of the Sindh High Court as its Chairperson, and one nominee each from the provincial and city governments. The provincial government had named Gen F. S. K. Lodhi and the city government nominated Zulfiqar Ali.
The panel has been assigned the task to select six independent members for the CCDPSC as per the prescribed procedure laid down in the Police Order 2002. According to the clause 53(2), "the selection of independent members shall be by consensus."
The clause 54 reads: "Functions of the Selection Panel:- The selection panel shall invite applications or nominations from the public for selection of independent members, and after interviewing eligible and willing candidates, forward names of persons twice the number of appointments to be made to the Governor of the Province."
Well-placed sources said that the Sindh governor, the competent authority to approve the decision of the selection panel, had asked the panel to re-advertise and re-select the independent members. His directives divided the members of the selection panel, they added.
The sources recalled that the selection panel, through home department, had invited applications from citizens by placing an advertisement in an Urdu daily on September 3, 2002. Sixty eight applications were received and 17 eligible candidates were called for interview on Sept 25.
The panel, on Sept 27, 2002, forwarded the names of 12 candidates - eight men and four women - to the governor for the final selection of six from among them. The sources said that a letter was issued to the Registrar of the Sindh High Court by the Home department on March 8, 2003, stating that the recommendations of the selection panel were submitted to the competent authority (Sindh governor) for approval.
However, the competent authority desired that since a democratic set-up had emerged, the Chief Justice may be requested to re-advertise and recommend the names afresh. The Chief Justice, being the chairperson of the selection panel, convened a meeting on April 21, 2003, which was attended by both Gen F. S. K Lodhi and Mr Zulfiqar Ali.
According to the minutes of the meeting, all the three members of the selection panel unanimously agreed that the committee, vide its letter dated 27-9-2002, had recommended 12 independent members for appointment as members of the CCDPSC.
Such recommendations were made after going through a lengthy, cumbersome and tedious process of calling applications, scrutinizing them with a view to determine the eligibility and competency of the persons for interview and then holding interviews of the persons who were found to be fit and eligible for appointment as members of the commission.
No reasons have been given as to why no action was taken from 27-9-2002 till 8-3-2003, and how the change in the government will affect the selection of the independent members.
The reason given for fresh selection of the independent members is not at all plausible. The commission may be established by approving the names of the selected independent members.
The sources claimed that the citizens, who were to be selected as members, had nothing to do with political people or political set-up. They were supposed to be non-controversial figures simply.
However, a fresh advertisement was published in an English daily on August 6, 2003, and in an Urdu daily on the following day, without the unanimous consent of the selection panel.
Later, on August 27, 2003, a meeting of the selection panel was held and Mr Zulfiqar Ali submitted his note of dissent over the re-advertisement and re-selection of the independent members.
In another meeting, held on Feb 23, 2004, Mr Zulfiqar Ali submitted a written statement to the chairperson of the panel stating that the selection of independent members had been carried out by meeting all legal requirements.
He insisted that the provincial government should approve six names from the list of 12 to constitute the CCDPSC and avoid re-advertisement and re-selection process without any legal justification.