Sindh High Court (SHC) has directed the Sindh Chief Secretary (CS) to explain his position about approving ex-country leave of Inspector General Police (IGP) Sindh Mushtaq Maher, against whom a contempt of court application was filed by a petitioner for not complying with an earlier order of the court in a promotions matter.
Read more: Petitions against fake domiciles: SHC allows time to submit replies
The SHC on February 2, 2022 in its order on constitutional a petition of Inspector Saeed Akhtar and others had observed that if the petitioners have made out their case for enforcement of Supreme Court judgment in Gul Hassan Jatoi case, then the court deemed it fit to direct IGP Sindh to place the case of the petitioners before the departmental promotion committee (DPC). The SHC had further directed that the DPC would consider the case of the petitioner in terms of para 71 to 74 of the Supreme Court judgment.
The Supreme Court in paras 71 to 74 of the judgment had ordered preparation of common seniority list, barred District Police and Range DIG from making direct or indirect recruitment and promotion, declared IGP as the competent authority in matter related to seniority and promotions and declared that the police personnel who have completed their statutory period of probation shall stand confirmed whether or not notification to that effect is issued.
The petitioners then had filed contempt of court applications against the IGP and others for not complying with the order of February 2, 2022 within stipulated time of 15 days.
The counsel for the petitioners assailed action of Chief Secretary Sindh whereby he allowed IGP Sindh to visit UAE and Europe on private affairs with effect from March 4.
The counsel contended that the court in its order of February 25 had given a clear-cut direction to the alleged contemnor to be present in the court, however the alleged contemnor, IGP Sindh, preferred to visit Europe which showed his attitude towards the court. The counsel prayed for drastic action against the IGP and the Chief Secretary. He further pointed out that Sindh home secretary failed and neglected to convene the DPC on the purported plea of Deputy Inspector General Police (DIGP) Establishment Karachi whereby he opined against the dicta laid down by the Supreme Court in Gul Hassan Jatoi case.
A two-judge bench headed by Justice Aftab Ahmed Gorar in its written order observed that prima facie the alleged contemnors had not looked into the basic spirit of the order passed by the SHC as well as the order of apex court in Gul Hassan Jatoi case and the Chief Secretary allowed the IGP Sindh to proceed on leave.
Read more: SHC censures SBCA for granting approval to dead man for construction of building
The home secretary who was present in the court submitted that he would comply with order of the SHC in letter and spirit within one week.
The bench reluctantly granting one week time to the alleged contemnor to comply with its earlier order as well as the order of the apex court, directed the office of the court to issue show cause notice to alleged contemnors for their willful disobedience should they fail to comply with the order of the SHC and the apex court.
Observing that “The Chief Secretary Sindh, is directed to explain his position in terms of the notification dated 03.03.2022”, the bench deferred further hearing in the matter till March 15.
