No premature transfer in Punjab, KP police departments: top court

APP
December 15, 2022

Appointment of DPO and CPO is prerogative of IG, says Supreme Court chief justice

A general view of the Supreme Court of Pakistan building in Islamabad, April 7, 2022. — Reuters
A general view of the Supreme Court of Pakistan building in Islamabad, April 7, 2022. — Reuters


The Supreme Court (SC) Thursday halted premature transfers in police departments in Punjab and Khyber Pakhtunkhwa and also directed the provincial governments to ensure the implementation of the Police Order 2002.

A three-member bench headed by Chief Justice Umar Ata Bandial issued the directives while hearing a petition against alleged politically-motivated transfers and postings in Punjab and KP police.

During the course of proceedings, CJP Bandial remarked that District police officers (DPO) and city police officers (CPO) couldn’t be removed before three years in accordance with the law, adding that the law did not prohibit transfers before time but the legal procedure should be followed. The chief justice remarked that no officer should be removed on the recommendation of any lawmaker.

“Appointment of DPO and CPO is prerogative of IG,” CJP Bandial said and asked if the police chief makes all the appointments in the department.

The top court said that it was compulsory to write the reasons if the transfer before time was necessary and no officer would be removed from the post without the advice of a senior officer.

The top judge also remarked that there was an impression that the government had been using police departments for political gains. The investigation officers should be at a distance from other police affairs as per the law, he said, adding that even IOs should be given separate cadres.

He observed that there was no expertise in the police regarding the investigation. The weak evidence used to be produced during the trial which benefits the accused, he added.

He added the FIR regarding the attack on former prime minister Imran Khan was not being registered due to political interference and then this court had to give directions.

CJP Bandial remarked why not the same formula of good governance should be applied in Sindh and Balochistan provinces as well.

The Supreme Court also sought a report from provincial governments regarding the transfers of police officials during the last ten years.

The CJP remarked whether the Punjab government would act as per the law itself or this court should issue an order in this regard. He said that the public is facing hardships due to increasing crime and insecurity.

Meanwhile, the court then adjourned the case till the second week of January.


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