CJP Bandial says if a transfer is unavoidable before stipulated time then top police officers must record reasons.

ISLAMABAD    -   The Supreme Court of Pakistan Thursday barred the transfer of po­lice officers before the end of their tenure specified in the Police Or­der 2002, saying that the unrelated postings and transfers affect the en­tire criminal justice system.

A three-member bench of the apex court headed by Chief Justice of Pa­kistan Justice Umar Ata Bandial and comprising Justice Ayesha Malik and Justice Athar Minallah conduct­ed hearing of the petitions of Rana Tahir Saleem and Mohammad Ja­vaid regarding political interference in the transfers and postings of the Punjab police.

The governments of all the four provinces were directed to furnish the lists of the police officers trans­ferred in their respective provinces.

The bench directed the provin­cial governments of the Punjab and Khyber Pakhtunkhwa to implement the Police Order 2002 to stamp out unease among the public owing to growing crimes. The chief jus­tice said police officers should not be transferred at the behest of any MPAs, adding if a transfer is un­avoidable before the stipulated time then the top police officers must re­cord the reasons.

Justice Bandial further said; “No officer should be removed without the consultation of a senior officer.” adding that. Appointing a DPO or a CPO was the prerogative of the in­spector general of police, he added.

The Chief Justice asked that whether “formula for good gover­nance” will be pursued in Sindh and Balochistan as well [for the refor­mation of police working]. “Will the Punjab government enforce the law or should the court issue directions on it,” the CJP questioned while ask­ing authorities to seek a reply from the Punjab government and submit the same before the court.

During the proceeding, the Chief Justice said that the Court took notice of the police transfers as it is affecting the public at large. He added that killings are increasing in KP, and the murder of lawyers has also risen.

Justice Bandial noted that inves­tigating officers should have a sep­arate position so that they are in­dependent in decision-making. “There is no such thing as investiga­tive skills in the police,” the CJP said and added that the police present “flawed evidence that benefits the accused”. He questioned; “If the po­lice will benefit the accused, where will the victim go?”

The CJP also stated that trans­fers of police officers should not be done on the orders of any member of the provincial assembly (MPA), adding that according to law, a cen­tral police officer (CPO) or division­al police officer (DPO) cannot be re­moved before three years and it is the prerogative of inspector gener­al (IG). He directed that the court be informed after taking instructions from the provincial government and noted that people are suffering due to crime and insecurity.

The apex court furthered that there is a perception that the police are used by governments as a po­litical weapon, adding that accord­ing to the law, investigative officers should be separated from other po­lice functions. Later, the bench de­ferred the hearing till the second week of January 2023.

The petitioners have alleged that due to violation of Police Order 2002 the crimes are rising. The sub­mitted that nine Lahore capital city police officers (CCPOs) and eight inspectors general of police (IGP) were changed between June 7, 2018 and Aug 29, 2022. The frequent re­shuffles reflected that the CCPOs and IGPs had average tenures of 4.5 and 6.2 months only, respectively, according to the petitions.