Jurisdiction of IG: SC urged to restrain ministries from interfering

Updated 28 Oct, 2020

ISLAMABAD: The Supreme Court was urged to direct the Ministry of Interior and the Ministry of Defence not to interfere in the jurisdiction of Inspector General of Police in relation to initiation and investigation of criminal acts and omissions within the territorial jurisdiction of the Sindh.

Eminent members of the civil society across Pakistan including IA Rehman and others on Tuesday filed a petition under Article 184 (3) of Constitution through Faisal Siddiqui regarding "kidnapping" and "detention" of Inspector General of Police (IGP), Sindh.

They have cited Secretary Interior, Secretary Defence, Chief Secretary and Home Secretary Sindh, IGP Sindh and Director General Rangers, Sindh as respondents.

The Court was further urged to constitute a broad-based independent commission, headed by a retired judge of High Court or Supreme Court and comprising relevant and respected civil society persons to probe the "kidnapping" and "detention" of IGP Sindh.

They urged the court to permanently restrain the Ministry of Interior and Ministry Defence and Pakistan Rangers from interfering in the jurisdiction and affairs of the IGP pertaining to the initiation and investigation of the criminal acts and omissions with the territorial jurisdiction of the Sindh province.

They urged the apex court to declare that Pakistan Rangers were called and acting in pursuant to Section 4 of Anti-Terrorism Act, 1997, by the Chief Secretary and the Home Secretary of the Sindh government and that they (Rangers) perform their lawful duties under the control and superintendence of the Sindh government.

"Permanently restrain the Pakistan Rangers from acting in violation of the lawful orders of the Chief Secretary and the Home Secretary Sindh," they said and also urged the apex court to declare that Section 2 of West Pakistan Rangers (Administration & Control) Order, 1972 is illegal, without jurisdiction and of no legal effect and further declare that the Pakistan Rangers have to act under the superintendence and control of the Sindh government.

The members of the civil society urged the court to declare that the commission conduct detailed inquiry, and submit report on; Firstly, whether IGP Sindh was kidnapped and detained on 19-10-2020 and whether he was forced to issue arrest orders in FIR No.591/2020 against retired Capt Muhammad Safdar Awan.

Secondly, if the answer to the first question is in the affirmative, then who were the persons or institutions involved in the illegal and mala fide acts.

Thirdly, recommend legal actions including but not limited to administrative proceedings against any or all persons involved in the illegal and malafide acts.

Fourth, recommend future reform in order to avoid the illegal and malafide acts.

They also urged the apex court to direct the commission to act with such powers as conferred by the Supreme Court and to submit a report within two months for the consideration of the apex court and for passing appropriate orders.

Pakistan Muslim League-Nawaz leader Muhammad Zubair on 19-10-2020 in an audio recording, played on private TV channel, claimed that the Sindh Chief Minister Murad Ali Shah confirmed that the IGP Sindh was "kidnapped" from his residence and forcibly taken to the office of the Sector Commander, ISI, and that one the Additional Inspector General of Police was already there. He further claimed that the police officers were pressurised into ordering the arrest of Capt Safdar Awan (retd).

Copyright Business Recorder, 2020

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