AD Khawaja to retain Sindh IG post, rules SC

ISLAMABAD - The Supreme Court Thursday ruled that Sindh Police Inspector General AD Khawaja would retain his post till further order, suspending federal and provincial government moves to transfer and replace him.

A three-judge bench headed by Chief Justice Mian Saqib Nisar accepted Sindh government appeal against the Sindh High Court verdict, which had ruled that Khawaja would continue as the provincial police chief.

The provincial government had filed an appeal in the top court against the SHC verdict to replace Khawaja. The bench restrained the federal government from taking any decision on the transfer of Khawaja. The apex court said that the transfer Khawaja would be subject to the court order.

The court declared that the incumbent IG will have the power of transfer and postings in Sindh police. The chief justice said the federal and the provincial government's order for replacing Sindh IGP would remain suspended.

The government had nominated Sardar Abdul Majeed Dasti, a grade 22 officer, as Khawaja’s replacement. However, the apex court said: “Khawaja is to retain his post”.

Farooq H Naik, representing the Sindh government, argued that the SHC has declared Police Act 2011 valid and authorised Khawaja to make transfer and postings. The chief justice remarked that the SHC decision was very good and it was worth reading twice.

The counsel argued the high court had given a relief which the petitioner (A D Khawaja) had not sought. He said the SHC did not have suo moto power. Upon that the chief justice said the apex court has it. The chief justice stopped the Advocate General Sindh for arguing the case and said the provincial government, by engaging Farooq H Naek, “has reduced your importance”. The chief justice told the advocate general that after Naek’s arguments “you can’t plead Sindh government’s case”.

When the hearing was adjourned for an indefinite period, Naek requested the bench to give a specific date. Upon that the CJP said they would soon hear the case.

 

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