AD Khawaja to continue as IGP Sindh until final verdict: SHC

KARACHI: The Sindh High Court (SHC) on Thursday rejected the Advocate General (AG) Sindh's request to dismiss the stay order that ensures AD Khawaja continues to serve as the Inspector General of Police (IGP) Sindh.   

A two-member bench headed by Justice Muneeb Akhter heard the case. "Khawaja will continue to serve as the IGP Sindh till the final verdict is announced," the court ordered. 

Chief Secretary Sindh Rizwan Memon and Secretory Services' affidavits were submitted to the SHC by AG Zameer Ghumro.  

Ghumro brought the matter of the Sindh Cabinet's (SC) decision to dismiss Khawaja to the court's attention. The judge inquired about the SC session's agenda stating,"when was the agenda circulated and what was the agenda?"

The federal government's lawyer Additional Attorney Salman Talibuddin maintained that centre is not liable to implement on suggestions made by provincial governments. "Despite consultation with the province, the final authority to appoint an IG rests with the federal government," Talibuddin said.

"The centre and provinces, in 1993, agreed on appointing any province's IG through consultation," the federal government’s response read. "It was decided that any promotions of federal officers by provincial governments will be approved by the federal government."

The court ordered the AG and additional attorney to present their arguments in the next hearing, which was postponed until April 11.

Earlier on, the Chief Secretary of Sindh had submitted an affidavit in response to the SHC's orders.

The affidavit stated that the province was not guilty of contempt of court in surrendering Khawaja's services to the federal government. "Khawaja's services were surrendered to the federal government because he was working on OPS," the affidavit stated. “The court had ordered the provincial government to implement the decision in the Anita Turab case.”

The petitioner's lawyer Barrister Faisal Siddiqui argued that the provinces were liable to follow federal laws. "If things take a turn for the worst in the province, the federal government can rightfully intervene to resolve the situation," Siddiqui said. "The federal government is responsible for safeguarding provinces from internal and external threats."

Barrister Siddiqui further stated that a very thin line exists between the powers of the provincial and federal government.

The Sindh Cabinet, on Wednesday, approved the replacement of Abdul Majeed Dasti as the IGP Sindh. According to sources, a session of the Sindh Cabinet was held under Chief Minister Sindh Murad Ali Shah.

In the session, the provincial cabinet gave approval for Sardar Abdul Majeed assuming the office of IGP Sindh, sources said.

Earlier on Monday, the Sindh High Court (SHC) had suspended a notification issued by the Sindh government that replaced AD Khawaja with Sardar Abdul Majeed Dasti as the Inspector General of Police (IGP).

The SHC, during the hearing, had said that the IGP Sindh Khawaja would continue to serve until April 6. The court also said that Khawaja could not be removed without prior approval from the Sindh Cabinet.