The K-P Police Ordinance 2016

It is the first endeavour on part of any province to make police law in conformity with the ideals of the Constitution

Through an ordinance passed in the post-18^th Amendment scenario, for the first time, a province has tailored its own police law. Although law enforcement in the provinces has always remained primarily a provincial subject — either through the Police Act of 1861 or the Police Order (PO) 2002 — police law historically has remained a federal area of enactment. The Police Act of 1861 was a gift of the imperialist regime and in the post-Independence scenario, the PO 2002 was the first-ever concrete attempt to reform the police. However, it soon fell prey to those who were bent on maintaining their control over police hierarchy and before its full implementation, it was blatantly amended. There have always been strong voices calling for the de-politicising of the police. What is also needed is its simultaneous de-colonisation.

The Khyber-Pakhtunkhwa Police Ordinance (KPPO) 2016 is the first endeavour on the part of any province to make a police law in conformity with the ideals of the Constitution as well as public aspirations. KPPO primarily derives inspiration from PO 2002 and the outcome of the reforms experienced during the last three years. Another prime intent was to reconstruct and de-politicise the police, make it accountable through democratic institutions and incorporate the community in the law-enforcement apparatus. Section 4 of the law entrusts the police with 27 different duties, hence elaborating the limitation of the police for both the public as well as the police itself. In PO 2002, counter-militancy and terrorism were missing links but in the KPPO, police are also entrusted with the important duty of being combatants. The law has also defined that a police officer should also act as a protector of human rights. However, attainment of such ideals requires continuous training of the police. To cater to such needs, section 12(4) and (7) have been inserted. In line with this, the K-P police has established nine different specialised, training schools. In the post-9/11 scenario, the K-P police increased its manpower by 117 per cent, but training remained a neglected sphere. However, after the establishment of specialised training institutes, the K-P police is trying to transit from the numerical model of policing to functional specialisation.

While bringing in a new police law is commendable, its framers must be mindful that this is the very first step towards an ideal professional policing apparatus. Prior to KPPO 2016, about two dozen police commissions and committees made their recommendations, but those were either shelved or, owing to lack of political and professional will and capacity, police reforms remained elusive. The original PO 2002 was a sincere effort to transform the colonial policing apparatus into a democratic one through the insertion of dozens of amendments, but its original essence was deformed within a few years. By incorporating Section 144 in KPPO 2016, the drafters have tried to ensure its implementation. This section empowers the government to appoint a policing expert as an “implementation commissioner” who will be entrusted with the task to oversee the establishment of different bodies incorporated in the new law.

Unfortunately, there has always been a focus on wanting to reform the police without reforming its basic unit, i.e., the police station (PS) and the miserable plight of junior-ranking officials such as constables has been ignored. It is suggested that in the new law more importance should be given to the provision dealing with the financing of the PS. Increased financial resources for the PS will be instrumental in the improvement of public service delivery. Improving the conduct of police constables vis-a-vis their dealing with the public is another gigantic task that needs special attention. Decision-makers must consider details like how a police officer makes arrangements to transport an accused from the spot of arrest to the police station, court or prison; how the SHO arranges for the finances needed to transport dead bodies to the hospital and take the injured for medico-legal opinions and treatment. To improve service delivery at the PS-level, we have to ensure the financial autonomy of the offices of sub-divisional police officers and SHOs, reduce the number of constables on the streets and enhance the number of police officers of the rank of assistant sub-inspectors. The KPPO also depicts the growing realisation that the ruling elite and police management are under intense public demand to transform the police into a public-friendly service accountable to the public safety apparatus. Policing primarily reflects the quality of governance, hence the manifestation of the police in electoral competitiveness will also matter.

Section 4(2-b & d) entrusts the police to provide assistance to the victims of road accidents. However, without having the capacity and provision of police ambulances and hydraulic cutters, it’s difficult to convert such ideals into reality. In section 6(2), the provincial police organisation has been divided into 13 different branches. In PO 2002, ‘internal accountability’ was a missing link. However, the KPPO has made it an integral component, but its practical manifestation requires zero tolerance of corruption and inefficiency. Without public safety, policing may morph into the state’s ugly face. To counter this, public safety commissions were introduced at district, provincial and federal levels in 2002, but in most cases, their members misunderstood their legal mandate. The success of safety commissions is primarily dependent upon the members’ understanding of their mandate. They should be cognisant of the fact that they are not supposed to interfere in internal administration and operational matters. Hence, the capacity-building of members of safety commissions is needed.

Though the law provides security of tenure to district police officers, a DPO may be removed on the basis of “unsatisfactory performance”. To keep DPOs safe from political victimisation, it is best to avoid ambiguous terms like “unsatisfactory performance”, quoted in section 23(2). This term needs to be elaborated upon in the rules. The security of tenure provided to an IG will have a positive impact on police efficiency, as the IG will have professional autonomy to make his team. At the same time, such a provision also binds the IG to accept responsibility for lapses. Consequently, the KPPO should bring an end to the tradition of firing the weakest link in the chain of command.

The new law has realised the importance of the separation of the investigation function from the operations function. However, the real test will be not to leave investigations at the mercy of the bosses of operations. This means that the best officers should be posted to the Investigation Wing.

Section 44 entrusts the police to assist local bodies in law enforcement. It is a provision that reflects the far-sightedness of its drafters who realised the need for the existence of the enforcement arm of local bodies. Its broad interpretation will provide justification for the establishment of local police forces at union and district council levels, which will work for the enforcement of local laws. This will have a positive impact on the indexation of the rule of law.

While converting the KPPO into an Act, members of the assembly should debate on the importance of the insertion of provisions that require the maintainenance of a separate police establishment for every ‘general police area’, a bifurcation between urban and rural policing, and review the procedure for the appointment of the capital city police officer.

Published in The Express Tribune, August 19^th, 2016.

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