Karachi - Sindh cabinet has decided to approach the federal government to post a Grade B-22 officer as inspector general of police (IGP) Sindh in place of incumbent Allah Dino Khawaja who is a grade B-21 officer. The decision was taken by the provincial cabinet at its meeting held under the chairmanship of Sindh Chief Minister Syed Murad Ali Shah here at Committee Room of the CM House on Saturday. The meeting was attended by provincial ministers, special assistants, chief secretary Riwan Memon, IGP AD Khawaja and other concerned provincial secretaries.

There were 10 different items on the agenda of cabinet’s meeting which came under discussion.  They were consideration of Police Rules proposed by IG Police, posting of grade B-22 officers, amendment in Section 144 of the Code of Criminal Procedure 1898, draft rules under the Hindu Marriage Act, creation of Ziauddin University Board of Higher Education, grant of a charter to Sohail University, Karachi and amendment in Sindh Development and Maintenance of Infrastructure Cess Act.

Sindh IGP AD Khawaja gave a detailed presentation on the proposed Sindh Police (posting, Transfer & Tenure) Rules 2017. He said that in the light of Sindh High Court’s (SHC) judgement of September 7, 2017, he had framed draft rules through a seven-member committee headed by an additional IG. He said that that the IG would have the powers to transfer and post all the police officers; right from Grade-1 to Grade-21 which he would use through an `assessment board’ and there would a proper posting tenure.

He proposed that Additional IG, DIGs, SSPs would have a two-year tenure of posting while SP (investigation), SDPO, SHO and SIO would enjoy a tenure of one year. The IGP added that the police officer of the rank of a sub-inspector or inspector would be posted as SHO. “He must not be more than 55 years of age and must have qualified upper school course with minimum length of service in police for seven years,” he added.

Talking about pre-mature transfer method, Khawaja said that there must be compelling reasons such as physical or mental incapacitation duly certified by medical board or an officer is arrested or found guilty in police/departmental investigation. The rules framed by the IG also say that the posting of female officers would be made preferably in the proximity of their home districts. Home Secretary Qazi Shahid Parvez gave a presentation, prepared by the ministerial committee, consisting of Home Minister Sohail Siyal, Law Minister Ziaul Hassan Lanjar, Advocate General Zamir Ghumro and Law Secretary Iftikhar Shahlwani. The home secretary said that the new terms had been introduced in the Police Rules proposed by the IG. “They are Gazetted, subordinate PO, Upper Subordinate and Lower Subordinate which are inconsistent with the police Rules 1934,” he added. He proposed that the power to transfer and post police officers from grade B-1 to B-18 be given to the IG police while rest of the transfers/postings of senior officers should be made by the provincial government.

The chief minister directed the Home Department to revisit the rules proposed by the IG Police and the recommendations made by the Ministerial Committee and come up with well thought-out and workable rules. “My objective is to establish writ of the government and improve the performance of police,” the CM said, and added, “Therefore the firm up proposal be submitted to me within next 15 days,” he said.

POSTING OF GRADE B-22 officer as IGP

The second agenda was the posting of a senior police officer of Grade-22 as IG police.

Secretary Service Mohammad Riazuddin, while giving presentation to the cabinet, said that the post of IG was of BS-22, while AD Khawaja was an officer of grade B-21, and he had been posted in OPS on March 12, 2016.

He added that on promotion to Grade B-22, the services of Sardar Abdul Majeed Dasti had been placed at the disposal of Sindh government and he had been made an OSD.

Secretary Services said that the Supreme Court had returned all the officers posted on OPS. “Therefore, posting of AD Khawaja is on OPS and it is violation of the supreme court orders,” he argued, and proposed the cabinet to approach the federal government to post Majeed Dasti as Sindh IGP in place of AD Khawaja.

The chief minister, on the occasion, allowed Khawaja to make a presentation before the cabinet. Khawaja said that he was posted as IGP Sindh with the consent of the provincial government, and that at the time of his posting the supreme court’s judgement against OPS was in vogue. “It means the federal government was mindful of the fact,” he said, and added that since 2005 some 17 IGPs had been posted in Sindh, of them 14 were in grade B-21 and only three were in grade B-22.

He pointed out that the IGPs posted in all the provinces and the FIA DG were all grade B-21 officers. “This shows that there is no hard and fast rule for posting an IGP in grade B-21 or B-22,” he argued. The cabinet decided that after consulting the law department the provincial government would approach the federal government to post Dasti as new IG police as there is one post of grade B-22 in Sindh. The other item which came under discussion in the cabinet was amendment in the Criminal Procedure. The home department proposed that since the post of district nazim had been abolished, therefore it would be prudent to replace the word district with the word `government or its authorized officer in Section 144 CrPC. The cabinet approved the proposal. The cabinet discussed the draft Rules of Hindu Marriage Act. The chief minister showing his displeasure said that the marriage act was passed by the provincial assembly in 2016 and the rules had not been drafted till this date. “This is unacceptable, he said and directed chief secretary to send a circular to all the departments, urging them to make the rules for which the assembly had already enacted law. Under the rules, the Hindu marriages would be registered and a certificate of marriage would also be issued.

The rules have been approved by the cabinet.

The Sindh cabinet also discussed Ziauddin University Board of Secondary Education proposal and said that there should be clear concept paper about the role of a private higher education, role of provincial government in its decision making and if Ziaudin University board is allowed to function then various other private institutions would come up with a similar request.

The cabinet directed University and Board department to work out a detailed plan before placing the request of the Ziauddin University board before the cabinet. The cabinet approved the grant of charter to Sohail University, Karachi and also directed the U&B department to work out a detailed policy for giving charter to a university. There should bea proper space/building for the university and if the university is given charter it must fulfil the other requirements within a specified time frame.