Major reforms: Govt issues much-awaited police ordinance
Ordinance aims at institutional freedom
Khattak said the ordinance had given legal cover to the outsourcing of test conduction for recruitments. PHOTO: EXPRESS
PESHAWAR:
The Khyber-Pakhtunkhwa government formally issued the much awaited Police Ordinance 2016, replacing the Police Order 2002.
The governor promulgated the ordinance titled Khyber-Pakhtunkhwa Police Ordinance, 2016 on Tuesday. Chief Minister Pervez Khattak and Inspector General of Police Nasir Khan Durrani called the ordinance a “paradigm shift from bureaucratic to democratic” in terms of a police accountability system.
They were briefing journalists at Chief Minister House over the salient features of the new law to regulate police activity in the province.
On the occasion, Khattak proudly claimed he had given verbal powers and autonomy to the police department over the past three years and now the ordinance granted legal cover to them. He said no successor of his would be able to take them back.
“The ordinance is aimed at giving institutional freedom rather than an individual one,” he said. “It has made the police accountable to the public rather than the bureaucrats—unlike that of the Police Order 2002.”
The ordinance has made the IGP more powerful as well and he has the powers to transfer officers of all ranks up to additional IGP.
The officer’s tern has been reduced to two years in the ordinance compared to three years in the past, but powers have been increased significantly. Under the new law, the IGP has been made an ex-efficio secretary with total administrative, operational and financial autonomy. Earlier, the Provincial Public Safety Commission could recommend the government for the IGP’s repatriation, but now it does not have this power.
Only the provincial government can initiate a case of the premature transfer of the officer for unsatisfactory performance. However, he will still have the chance to be present his defense. Meanwhile, the term of the district and regional police officers were also reduced from three to two years.
As per the law, there will be three safety commissions such as the district safety commission, which would comprise elected representatives of the local bodies who have the powers to inspect police stations for illegal consignments. They will also sit as observers in procurement processes to ensure transparency.
The DPO will present his department’s performance report to the district council and the body may start debates on police performance and the law and order situation of their area.
The IGP said the district council could write to the police chief over the transfer of a DPO if they are not satisfied with his or her performance. The IGP will be bound to respond to the matter in 15 days.
“In case the IGP decides against the desires of the district council, the latter may approach the Provincial Safety Commission and its decision will be binding on the IGP,” he explained.
The law also calls for establishing a Regional Complaint Authority which would comprise three members, including a retired judge, a retired bureaucrat and a professional from the civil society. The committee will be mandated to hold enquiries into excesses committed by police officers.
The provincial safety commission, the apex body for police accountability, would comprise 13 members, including two lawmakers from the treasury benches of the K-P Assembly and two from the opposition benches. It would also have four professionals from the civil society, as many retired government employees, including a high court judge, a major general, civil servant and a police official.
Khattak said the ordinance had given legal cover to the outsourcing of test conduction for recruitments.
The IGP called the ordinance a balance between the powers given to them and accountability.
Published in The Express Tribune, August 3rd, 2016.
The Khyber-Pakhtunkhwa government formally issued the much awaited Police Ordinance 2016, replacing the Police Order 2002.
The governor promulgated the ordinance titled Khyber-Pakhtunkhwa Police Ordinance, 2016 on Tuesday. Chief Minister Pervez Khattak and Inspector General of Police Nasir Khan Durrani called the ordinance a “paradigm shift from bureaucratic to democratic” in terms of a police accountability system.
They were briefing journalists at Chief Minister House over the salient features of the new law to regulate police activity in the province.
On the occasion, Khattak proudly claimed he had given verbal powers and autonomy to the police department over the past three years and now the ordinance granted legal cover to them. He said no successor of his would be able to take them back.
“The ordinance is aimed at giving institutional freedom rather than an individual one,” he said. “It has made the police accountable to the public rather than the bureaucrats—unlike that of the Police Order 2002.”
The ordinance has made the IGP more powerful as well and he has the powers to transfer officers of all ranks up to additional IGP.
The officer’s tern has been reduced to two years in the ordinance compared to three years in the past, but powers have been increased significantly. Under the new law, the IGP has been made an ex-efficio secretary with total administrative, operational and financial autonomy. Earlier, the Provincial Public Safety Commission could recommend the government for the IGP’s repatriation, but now it does not have this power.
Only the provincial government can initiate a case of the premature transfer of the officer for unsatisfactory performance. However, he will still have the chance to be present his defense. Meanwhile, the term of the district and regional police officers were also reduced from three to two years.
As per the law, there will be three safety commissions such as the district safety commission, which would comprise elected representatives of the local bodies who have the powers to inspect police stations for illegal consignments. They will also sit as observers in procurement processes to ensure transparency.
The DPO will present his department’s performance report to the district council and the body may start debates on police performance and the law and order situation of their area.
The IGP said the district council could write to the police chief over the transfer of a DPO if they are not satisfied with his or her performance. The IGP will be bound to respond to the matter in 15 days.
“In case the IGP decides against the desires of the district council, the latter may approach the Provincial Safety Commission and its decision will be binding on the IGP,” he explained.
The law also calls for establishing a Regional Complaint Authority which would comprise three members, including a retired judge, a retired bureaucrat and a professional from the civil society. The committee will be mandated to hold enquiries into excesses committed by police officers.
The provincial safety commission, the apex body for police accountability, would comprise 13 members, including two lawmakers from the treasury benches of the K-P Assembly and two from the opposition benches. It would also have four professionals from the civil society, as many retired government employees, including a high court judge, a major general, civil servant and a police official.
Khattak said the ordinance had given legal cover to the outsourcing of test conduction for recruitments.
The IGP called the ordinance a balance between the powers given to them and accountability.
Published in The Express Tribune, August 3rd, 2016.