General

Supreme Court considers forming larger bench in A.D. Khowaja posting case

Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday said he would consider constituting a larger bench in order to determine the jurisdiction of the federal and provincial governments in a Supreme Court (SC) case regarding the posting of the Sindh police chief.
A three-judge SC bench headed by the CJP was hearing the case filed by the Sindh government challenging a Sindh High Court (SHC) ruling which restricted provincial authorities from replacing Sindh Inspector General A.D. Khowaja.
In today’s hearing, the Sindh government’s counsel Farooq H. Naek argued that the high court’s interference in the posting of the IGP was a violation of the 18th Amendment.
Last year, the SHC ordered the reinstatement of Khowaja after the Sindh government said it was “surrendering” the IGP’s services to the federal government and had appointed Additional IG Sardar Abdul Majeed Dasti as the acting IG until “appointment/posting of [a] regular incumbent by the Establishment Division”.
One month after the SHC’s decision, the Sindh government had submitted a petition in the apex court, challenging the high court’s decision and appealing that the SC nullifies the ruling.
Earlier this year, however, the SC had ordered that Khowaja would remain police chief with full powers of making transfers and postings until the apex court decides the provincial government’s appeal against his retention.