KARACHI: The Sindh High Court on Wednesday directed the
provincial government to convene the meeting of its cabinet to consider
the provincial police chief’s submitted draft of new rules for transfers
and postings in the police department.
Headed by Justice
Munib Akhtar, a two-judge bench was hearing an application seeking the
court’s directions to the inspector general and Sindh government to
enact the new rules in the police department.
Inspector
General of Police Sindh A.D. Khowaja submitted a report informing the
court that complying with its directives, he had drafted new rules and
sent the same to the Sindh cabinet on Oct 6.
“I have
submitted my recommendations regarding new drafted rules for transfers
and postings to the provincial government,” the IGP added in his report.
Petitioner’s
counsel Advocate Faisal Siddiqui told the judges that the provincial
cabinet was supposed to consider IGP’s new drafted rules in its meeting
specifically called for such purpose within 15 days of receiving the
same.
He submitted that the provincial cabinet had formed
a committee but kept the IGP away from it. The provincial government
was delaying the enactment of new rules which was clearly delaying the
implementation of the court’s order, the counsel added. The court
directed the Sindh government to convene its meeting within 15 days to
consider the drafted rules as per law and submit the report before it.
Earlier
on Sept 7, the court in its judgment on Mr Khowaja’s removal case had
directed the provincial police chief to draft new rules for setting out
the manner of transfers and postings and submit the same before the
provincial cabinet.
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
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”.
Maintainability questioned
Meanwhile, another bench asked civil rights campaigner
Alamgir Khan of Fixit and Justice Helpline Trust, a non-governmental
organisation, to satisfy it on the maintainability of their joint
petition against “dual standard” of education in the province and
seeking constitution of a Joint Investigation Team (JIT) to probe the
matter impartially.
The bench directed the petitioners’
counsel Advocate Nadeem Shaikh to come up with arguments on the
maintainability of the petition in the next hearing.
Earlier
on Monday, the civil rights campaigners in their petition submitted
that there were not enough middle and high schools to meet the challenge
of providing necessary education to the children in the province.
They
said according to a survey, around 6,000 government schools were not
functioning and more than 40,000 [ghost] teachers were not working, due
to political influence.
They said that according to a
survey conducted by the Sindh education department, 77 per cent schools
were in unsatisfactory conditions, and almost 50pc do not have basic
facilities of safe drinking water and ablution.
Citing
chief secretary, education secretary, member of education sector
planning and development board and finance secretary as respondents, the
petitioners prayed to the court to order constitution of a JIT
consisting of members from all investigation authorities, including
Pakistan Army, and direct them to investigate the matter impartially and
honestly.
The court was further requested to pass
appropriate orders in the light of JIT findings for the betterment of
education sector in the province.