KARACHI: While directing Inspector General of Police A.D. Khowaja to complete his term, the Sindh High Court on Thursday ruled that the IGP`s tenure could not `under any circumstances be reduced to less than three years` if the provincial governmentamended or altered the rules at any time.

However, the court upheld that police was exclusively a provincial subject and the Police Act 2011 was a valid law.

Headed by Justice Munib Akhtar, a twojudge bench gave the rulings in its verdict on two identical petitions challenging the Sindh Police Act of 2011 that had repealed the Police Order, 2002.

The bench had reserved the judgement on May 30 after concluding arguments from the petitioners` lawyer, Faisal Siddiqi, Sindh Advocate General barrister Zamir Ghumro and Additional Attorney General Salman Talibuddin.

Later, the petitioners moved an application against the provincial governmentseeking court`s injunction against the removal of IGP Khowaja from his of fice.

In April, the Sindh government had sent Khowaja packing after it appointed another Grade-21 police officer, Sardar Abdul Majeed Dasti, already working in the province, in his place.

In its judgement the bench wrote: `Since the post of Inspector Generalhas a ñxed term associated with it, the rule laid down by the Supreme Court in the Anita Turab case is applicable. Therefore, if at all an incumbent can be removed during the term that can be [done] only for compelling reasons within the meaning of the rule.

It further observed: `Since the properprocedure in accordance with law has not been followed, the correspondence addressed by the Provincial Government to the Federal Government on 31.03.2017 and the follow up notification of 01.04.2017 are quashed as being contrary to law and of no legal effect. The endorsement by the Sindh Cabinet of the foregoing at its meeting held on 05.04.2017 (vide agenda item No. 6) is also set aside as being contrary to law.

The judges observed in their 98-page judgement: `If at any time the Provincial Government (here meaning the Provincial Cabinet) amends or alters the 1986 Rules in relation to the term or tenure of the Inspector General, such term cannot under any circumstances be reduced to less than three years.Furthermore, the verdict said, no authority or body can be given any power to curtail, reduce, suspend or otherwise dispense with the stipulated term.

The court in its judgement also gave back IGP Khowaja the powers of posting and transfers which had been withdrawn by the provincial government.

The court ruled that there`s a need for police reforms and the police force for law and order to be properly established, which was a sine qua non for the rule of law and which, in turn, enabled fundamental rights to be fully and properly enjoyed.

`In order for fundamental rights to be effectively enforced in this Province, suitable directions can, and should, be given and appropriate orders made under Article 199 of the Constitution. One problemin particular that has been identified by the Petitioners istherapidturnoverin,and bewildering rapidity with which, postings and transfers are made in the police force at alllevels. This farcical situation is wholly inimical to the stability of, and any meaningful performance by, the police,` the judges said.

IGP`s reaction `This is victory of good governance and police as an institution,` said IGP A.D. Khowaja in his reaction over the court order.

`May Allah help us serve the cause of poor masses.

`I bow before the Almighty who gave strength to face this arduous challenge,` said the IGP. He also expressed his gratitude to all his friends who stood with him in `trying times,` according to astatement issued to the media.

Sindh govt`s response The Sindh government may appeal the decision in the Supreme Court against the verdict of Sindh High Court for rejecting all its pleas with regard to the power of the provincial government to transfer the police chief and form commission for police reforms.

At present, according to sources close to the law department, the government is considering different options including legislation and appeal in the Supreme Court.

It is likely that the government may not go in appeal in the apex court against the entire decision but a part of the verdict, the sources said.

Sindh Chief Minister Syed Murad Ali Shah was not immediately availableto give his observation on the judgement by which IGP A.D. Khowaja has been asked to complete his tenure after the Sindh government had transferred him and in the aftermath of stay order deprived him of his powers of transferring and posting his subordinates besides not being taken on board in any policy matters.

Advocate General barrister Zamir Ghumro, who is also media consultant to the office of the law minister, said the Sindh government had complete executive authority over police under the law and it would continue to exercise that authority.

Authority of the provincial government over police couldn`t be curtailed or exercised by the federal government through the IGP, he added.

The chief law officer of the province said thatSindh High Court upheld that police was exclusively a provincial subject and Police Act 2011 passed by the provincial assembly of Sindh was a valid law. It held that Police Order of 2002 had been rightly repealed by the Sindh Assembly.

The AG said the SHC also declined the petitioners` pleas to form a commission for police reforms. It accepted the Sindh government`s power to transfer IGP for compelling reasons, thus, rejecting all the pleas of petitioners.

But the view of the court regarding tenure, transfer and posting of the IG based on the Sindh Government Rules of Business and Powers of IG under Section 4 of the Sindh Police Act is not in accordance with law and Constitution, as the provincial government had already repealed the rele-vant provision in the rules, according to the advocate general.

The Sindh government maintained that it would initiate a new police law in accordance with democratic principles and would appoint the IG in accordance with its own law.

Under the Constitution, autonomy regarding police rests with the provincial government and such autonomy can`t be handed over to the IGP, said the advocate general.

The Sindh government would soon enact laws keeping in view fundamental rights of citizens, he added.

The judgement established the right of the Sindh government to legislate on police which was not subject to any fetters, added barrister Ghumro.-Habib Khan Ghori & Imtiaz Ali also contributed to this report