MEcouRT. "Appellate Jurisdiction) ah) ) , PRESENT: MR, JUSTICE MIAN SAQIB NISAR, HC} MR JUSTICE UMAR ATA BANDIAL. ee ‘ ‘MR JUSTICE 1}AZ UL AHSAN. ‘CIVIL APPEAL NO, 148 TO.150 OF 2018, {Osappea from the judgment /order date 079.2017 of tae Coun of sin Ketch io b181/2017 abt Bee ‘passed in GPa, No.D-131/2017 and Province of Sindh thr. pea: Govt, of Sindh, Karachi and another Ali Farooqi and others 15M) Appellants Versus “Shehri-Citizens for a Better Environment (CBE) thr its authorized person, Karachi and others VA T0978) leration of Pakistan thr. M/o Interior, Islamabad and others <= Respondent(s) Harooq IH. Naek, Si, ASC Mr. Zamir Hussain Ghumro, AG, Sindh Barister Usman Sheikh, Mr, Raheel Kamran Sh, ASC Mr. Faisal Siddiqi, ASC Mr. Fatooq H. Nack, Sr. ASC Mn. Zamir Hussain Ghumro, AG, Sindh arister Usman Sheikh “Ch, Amir Rehman, Addl, ‘Attorney General for Pakistan Ziksiya Sheikh, DAG oF, M, Shoaib Suddle 12018, 01.03.2018, 07.03.2018 at {slamabacl & 22.3,2018 at Lahore, TESTED we4 ORDE ; UMAR AT) NDIAL, J. The impugned } 97.09.2017 by, ale ed Division Bench of the Sindh High Court hol Potiee Orter, 2002 was competently repeated by the Sindh (Repeal oF 2011, This is because the adgment dated ids that the rhe Police Order 2002 and Revival of the Police Act 1861) Act, “Constitution Cighteonth Amendment) Act, 2010 redistributed legisluve | Powers between the Federation and the Provinces; and the legislative “vonipetence in relation to “Police” fell squarely within the exclusive domain of the Provincial legislature for being a non-enumerated subject. It is further held ae Provincial Government had an obligation under the Constitution of “Wslamic Republic of Pakistan (“Constitution”) and the Police Act, 1861 to ensure the autonomy of command and independence of operation of the Police Force We Province. Upon his appointment, the Inspector General of Police ("IGP") itled to a tenure of five years under the Sindh Government Rules of 986; however, this is 2 provision that is subject to amendment by the cial Government. Nevertheless, uncer the rule laid down in the ease of i Alchtar Nagvi_vs. Federation of Pakistan (PLD 2013 SC 195) and (2015 SCMR 1724), the IGP is entitled to a f three years in office. Under Section 4 of the Police Act, 1861, the mn of Police throughout the Province is vested in the IGP. For the Hing and transferring Police officers must lie with the IGP rather ovincial Government. Consequential directions were issued by ‘Court for rules to be framed by the IGP for regulating his ad High Court, however, observed that Article ers concutrent legislative power upon the Parliamen! ; “to make laws with respect to criminal law, criminal is legislative field does not extend to the altogether ‘Consequently, Parliament lacks legislative ject, c ATTESTEDCourt The cleclamtions ard dicections tasted by the tearned High 5 HT UWOight aie consideration. However, we observe that the impuEne’ Pent hks) ehili excliing Police feom the ambit of Antele 142() of the Gee para 85 of the impugned judgment). Ithas, however, considered the OFTaW andl order 36.4 principal function of the Police Force. pate mn mates Fegarding Police organization, the Police Act, 1861 also addresses NMEHANCE Of Publis order asa functional Purpose of the Police, For meeting the constitutional mandate of Rule of Law, the prelation to criminal law and criminal procedure, becomes relevant. ation to crime prevention, detection and investigation of specified Federal Governinent carries out different policing functions ns Outside Fédéral territory, yet FIA exercises police vith the Provincial police in relation to offenses vince, Involving homicide, hurt, kidnapping, “The same is the position under the NAB ch Federal policing: power can be identified asticing functions i authority, the ower and nce. However, Dnigiees such power * ewer, nal 5 a) femumient to coordinate supplement orconduct make laws Jha in deference to Provincial nights, avoisted to sboration with the et anid has instead relied on mutual cooperation and collal tel achieve mutually desired goals, Likewise, the learned High Court has failed to consider the effect Explanation to ‘Article 240 of the Constitution which defines an “All stan Service” ("APS") to mean a service comunon to the Federation and the ‘The “Police Service of Pakistan” (“PSP”) is an All Pakistan Service the Police Service of Pakistan (Composition, Cadre and Seniority) AGES (“PSP Rules") framed by the Federal Government, stipulate in the Estich senior cadre posts are to be filled by persons who are not members se Police cadre of stich Province. The PSP officers are in the Service of the Hon and are subject to its discipline, notwithstanding that they may be in the Provincial Government. Pursuant to Article 240 of the fution and under the arrangement envisaged by the PSP Rules, the aad terms of service of PSP officers in a Province are necessarily Raye to be settled collaboratively by the Federal Government and Government. That obligation is réinforcéd by the Agreement 1993 between. the Federal Government and the Provincial Ak provides (or, inter alia, the appointment of a PSP officer as IGP A decision in this respect is:to be taken by consultation and the Federal Government and the concerned Provincial ‘therefore the terms of his service must be respected by Jin ase of his whimsical treatment by one gow nent fo object. In this scenario, the Provincial freedom to unilaterally disregard the PSP Rules th of which are backed by Article 240 of the ATTESTED7 Consequently, by pronouncing the exclusivity of provineial “gainpetence in relation to Police, with tespect, the learned High Court takes a “harrow View of Our Constitutional scheme. Both Articles 142(b) and 240 of the {Conrsition encompass: subjects that bear direct nexus with a Police Force “maintained inva Province under the provisions of Police Act, 1861 with respect ‘Whereto the Federation, to a limited extent, is competent to exercise law making and exeentive authority. 8. ‘To witerate, in the facts of the present case, the appellant- Province of Sindh does not haye exclusive competence in relation to all functions of the Provincial Police. Some of the Police functions discussed above fall withity the ambit of Article 142(b) of the Constitution. Performance !of such Munstions, and under Article 240 of the Constitution, the terms of service of the Soncemed Provincial Police officers, are subject to concurrent legislative and “Executive authority of the Federal Government 9 (On the foregoing analysis, we aifirm the impugned judgment by Mherenmned High Court in particular with reference to the’ autonomy of d and independence of operation of the Police Force governed by the “Act, 1861. We also uphold « tenure to be attached to PSP senior cadre in the Province of Sindh, of which the IGP is a principal officer. Transfers ‘Postings: on all senior cadre posts shall be made by order of the IGP unt to transparent rules framed under Section 12 of the Police Act, 1861 amed in consultation with the Provincial Government, It is also declared that edit) BY is concurrently subject to the legislative and executive Of the Federation and the Provinces in yelation to the by Article 142(b) and Article 240 of the Constitution. For Competence, diligence in and accountability for Police , the Federation may consider framing a law setting feria of appointment on senior cadre posts, their independence of tenure, performance assessment and accountability for ence or dishonesty. Meanwhile, it is necessary that the Provincial Government to collaborate in the matter of police personnel on senior cadre posts and in any TEDand investigation ap well a9 respect to rime prevention, detection vand punishment of criminal offenders in the Province, Frog. farther reasons to be! recorded later, all these appeals are sd in above terms. ‘ Sd/-HCS Sd/-J Sd/-J Certified tc be True Copy Court Associate Supreme Cqurt af Pakistan Isranavad Date of Pre