IG's wings to be clipped as Sindh set to change police law

KARACHI: The Sindh government has decided to propose changes in the present police law and will present a bill in the ongoing assembly session in this regard, sources informed on Thursday.

According to the sources, the provincial government is amending the Police Act to avoid a similar situation as the one it faced with the present police chief, Inspector General (IG) AD Khawaja.

In April this year, the Sindh government ‘surrendered’ Khawaja’s services to the federal government over reported differences with them — a move that was overturned by the courts later. 

The legal changes will limit the role of the provincial police chief and also define the ambit of the home minister with regards to his role in police affairs. 

The IG will have the authority to transfer and post officers of Grade 18 and below only (SP-rank and below).

Sindh IG AD Khawaja to continue on post, rules SHC

IG AD Khawaja had been removed by the provincial govt earlier this year

The tenure of the police chief is to remain three years, sources added. 

Moreover, the law will not let officers with criminal records be promoted to the next rank. 

Talking to Geo News, Sindh Law Minister Zia Lanjar said the present police law is from 1862, adding that the government wants to resolve the issues of the police force as soon as possible.

Earlier this year when the IG was removed, sources had confirmed that the provincial government was at loggerheads with Khawaja as he was not 'their man'.

Moreover, the reappointment of Sohail Anwar Sial as home minister led to witnessing of a clear divide between the home department and the IG's office.

In September this year, when the Sindh High Court ruled that Khawaja will continue as IG, the court directed the federal government to draft rules regarding the tenure and appointment of the police chief. 

Sindh government continues efforts to remove AD Khawaja

“At the time of my appointment, the SC order regarding the OPS was there,” said Khawaja

With regards to the sidelining of the provincial police chief, the court had held that any attempt to sideline or marginalise the IG or circumvent him or to otherwise curtail his powers would be contrary to law. “It could, among other things, expose any police officer concerned to appropriate disciplinary or other proceedings, whether by way of misconduct or otherwise,” the court observed, stating additionally that the command structure of the police hierarchy is clear: It flows from, to and through the IG. “There can be no autonomy of command, nor independence of operation without this.”

The court had also declared that the Sindh (Repeal of the Police Order, 2002 and Revival of the Police Act, 1861) Act, 2011 is intra vires the Constitution, and that therefore the Police Act, 1861, as revived and restored by the said act is the law in force in the province and not the Police Order, 2002.