Karachi (Staff Report): Sindh High Court (SHC) has reserved verdict on a petition against the removal of Inspector General Police (IGP) Sindh A. D. Khwaja.
The court also extended the stay order against the removal of the provincial police chief by the Sindh government.
During the proceeding, petitioners’ advocate Faisal Siddiqi argued that the Supreme Court, in the Anita Turab case, had held that civil servants were not bound to obey illegal orders of their superiors as they owed their first and foremost allegiance to the law and the Constitution.
Siddiqi pointed out that the Sindh government wrongly perceives that Anita Turab case was different from Rules of Business Ordinance.
On the other hand, Sindh Attorney General (AG) Zameer Ghumro informed the court that the authority to appoint the IG rested entirely with the Sindh government.
“No individual can challenge the Police Act as per the Constitution, which gives provinces the right to make amendments to the act,” the AG stated.
Siddiqi pointed out that the Sindh government wrongly perceives that Anita Turab case was different from Rules of Business Ordinance.
On the other hand, Sindh Attorney General (AG) Zameer Ghumro informed the court that the authority to appoint the IG rested entirely with the Sindh government.
“No individual can challenge the Police Act as per the Constitution, which gives provinces the right to make amendments to the act,” the AG stated.
He added that if the centre was not satisfied with a law passed by the province, then the Supreme Court and not the high court should hear the case.
“Such matters should be forwarded to the Council of Common Interests,” he argued.
The court questioned the AG about the course of action to be taken if a certain person is affected by a law passed by the province.
The court reserved the judgment regarding the removal of Allah Dino Khawaja.
