5887/2024 Const. P. Sajjad Ahmed Sunny and Others (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon
5887/2024 Const. P. Sajjad Ahmed Sunny and Others (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 10-DEC-24
We do not agree with the findings of the IGP Sindh and other members of the Committee for the simple reason that transferring the investigation wing to the Executive branch is not justified by the Police Act or the Police Rules 1934, citing para 56 of the Gul Hassan Jatoi judgment. The transfer of investigation officers to the Executive branch contradicts the Supreme Court's judgment as their appointment letters as Inspector Investigations limit their transfer and posting to the Executive Branch, is a matter of their terms and conditions of service and is outside the jurisdiction of the court under Article 212 of the Constitution. Therefore, the petitioners cannot be allowed to be transferred from the Investigation wing to perform their service in the Executive Branch of the Police Department. The petition is dismissed as it lacks merit as well.