ISLAMABAD : The Supreme Court of Pakistan on Thursday ordered the provincial governments of Punjab and Khyber Pakhtunkhwa (KP) to implement the Police Order 2002 and barred the transfer of police officers before the end of their tenure specified in the relevant law.
An apex court bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, issued the order while hearing a case about alleged political interference in transfers and postings of officers in the Punjab police. It ruled that all postings should be made in line with the Police Order 2002.
The court further ordered that if a transfer is unavoidable before the stipulated time then reasons should be presented and no officer shall be removed without consulting a senior police officer.
“Why should the same formula of good governance not be adopted in Sindh and Balochistan?” inquired the CJP Umar Ata Bandial.
The apex court also sought a list of officers who have been transferred during the last decade from Punjab, KP, Sindh and Balochistan police. “Will the Punjab government follow the law itself or should the court pass an order?” asked Justice Bandial.
The chief justice also stated that transfers of police officers should not be done on the orders of any member of the provincial assembly (MPA), adding that according to law, a central police officer (CPO) or divisional police officer (DPO) cannot be removed before three years and it is the prerogative of inspector general (IG).
The CJP further directed that the court be informed after taking instructions from the provincial government and noted that people are suffering due to crime and insecurity.
The apex court furthered that there is a perception that the police are used by governments as a political weapon, adding that according to the law, investigative officers should be separated from other police functions.
Chief Justice Bandial also noted that investigating officers should have a separate position so that they are independent in decision-making.
“There is no such thing as investigative skills in the police,” stated Justice Bandial, adding that the police present “flawed evidence that benefits the accused”.
“If the police will benefit the accused, where will the victim go?” asked Justice Bandial.
Additional advocate general Punjab told the court that transfers of police officers are taking place only after consultation.
The chief justice then stated that killings are increasing in KP and so are cases of murder of lawyers.
Justice Bandial furthered that the court has taken notice of the police transfers due to the public being affected, adding that the entire system is affected by the unrelated postings of police officials.
The court then adjourned the hearing of the case till the second week of January 2023.