The writer tweets @alibabakhel
Martin O’Malley
After the promulgation of the Khyber-Pakhtunkhwa Police Ordinance (KPPO), pessimists tried to paint a bleak scenario regarding its implementation and contended that without a structural and attitudinal change in the police, how could merely passing a law change the quality of policing. Undoubtedly without changing the working conditions at police stations and attitude of constables, the police cannot be transformed into a public-friendly service. However critics should realise that worldwide, police organisations follow a defined structural hierarchy and relationship with other actors of the criminal justice system, civilian administration and a code of conduct. Without this, policing primarily becomes a discretionary affair. The Police Act of 1861 was totally averse to the concept of public safety and hence this law actually became detrimental to public safety. The concept of public safety was first introduced in Police Order 2002, but its defined safety apparatus never became fully operational.
Section 4(h) of KPPO ensures free movement of individuals, but in practice while placing barriers on roads, the police often ignore the procedural formalities meant for public convenience. Placement of barriers should not be a routine practice and due care needs to be employed in this regard. Section 88 of KPPO empowers police officers to temporarily close or regulate any street or public place. Such blatant discretion harms public safety hence no officer below the rank of SHO should be permitted to place these temporary barriers. The police management should also consider the fact that placement of barriers without justification affects the image of the police.
Section 4(n) of KPPO requires that information about an arrested person is instantly communicated to a person of his choice. Implementation of this section will not only protect the rights of arrested individuals, it will also reduce burden on courts as well as lessen the inconvenience that the family of the accused go through. Another aspect of KPPO i.e., Section 4(r) makes it mandatory for the police to extend aid and cooperation to agencies dealing with fire-fighting and natural calamities, while Section 4(2b) warrants that the police provide assistance to victims of road accidents. While these provisions are welcome, what is needed is capacity-building of the police to extend first aid, and provide ambulances and hydraulic cutters.
The KPPO envisages the formation of public safety commissions (PSC). The question arises here as to the understanding and capacity of the would-be members of PSCs and junior-ranking police officials about their mandates. In the past, majority of members of PSCs did not realise their actual mandate and hence tried to interfere in administrative and operational spheres of the police, therefore, it is imperative upon scrutiny committees that while selecting the members of PSCs, the best talent is preferred. Furthermore, on the basis of need assessment, a well thought-out capacity-building programme should be tailored for PSC members.
To ensure the autonomy of the Capital City Police Officer (CCPO), it is vital that the Provincial Public Safety Commission (PPSC) is taken into confidence while appointing the CCPO. This will improve the operational autonomy of the CCPO and in turn the state of public safety in the province.
The KPPO states that on the basis of “unsatisfactory performance”, a DPO can be removed from his post. Keeping in view past experience, the term “unsatisfactory performance” can be blatantly misused against an efficient officer. Hence to save honest officers from the wrath of the powerful ruling elite, this term needs to be explained in the rules.
The KPPO envisages the establishment of Public Liaison Councils, which could turn out to be an effective way of incorporating the public into policing. The PPSC is also entrusted to take cognisance of police excesses. The chairman of the Capital City District Public Safety Commission (CCDPSC) may nominate a member of the Commission to inspect illegal confinement in police stations. Such practice will reduce public complaints of illegal confinements. However, here the actual issue is for members of the CCDPSC to comprehend what their mandate is.
A lack of transparency characterises hardware procurement by the police. To ensure transparency in a centralised purchase, one member of the PPSC should act as ‘observer’ during the transaction. This will not only discourage corrupt practices but also improve the quality of police equipment. However, it is essential that the PPSC member is well versed in financial rules and procedures. Section 89 empowers the police to carry out search of suspected persons and vehicles on reasonable grounds. The term “reasonable grounds” needs to be explained in a simple manner otherwise corrupt elements may use such powers for ulterior motives. Section 95 bans the use of dress resembling the uniforms of police and the armed forces. Keeping in view few recent incidents of terrorism where the uniform of the forces was used by terrorists, it is important that this law is strictly implemented and all those involved in illegal business of uniform sale or supply are apprehended.
Pakistan primarily consists of rural areas but the police are generally more visible in urban localities hence policing of rural areas remains compromised. Section 97 provides inspiration for the composition of “village police”. It now depends upon the management of K-P police and the government to practically appoint village watchmen and village police officers. Village police can have profound impact on the reduction of crime and terrorism.
Misappropriation of unclaimed property has earned the police a bad name. The KPPO provides a procedure for inventory and disposal of unclaimed property. Case properties, particularly vehicles and recovered gold, require special attention of the legislature. To bring transparency in the disposal of such items, the simplification of law and procedure is required.
According to Article 169 (1) of PO 2002, a public safety fund (PSF) was to be established with grants made by federal, provincial and district governments and contributions made by the public. Article169 (2() required half of traffic fines to be credited to the PSF. This fund was to be utilised for the improvement of facilities and public service at police stations. The PSF is a missing link in KPPO and it is important that a public safety fund is incorporated in the law.
As per essence of Section 78 regarding powers of the police to search, stop, detain and question persons, the IG needs to issue a code of conduct (CoC). A CoC was also part of PO 2002 but its practical manifestation remained missing. In this regard, the police management needs to give special focus to qualitative training and accountability of police personnel. Otherwise, KPPO will be another addition to the long list of failures to reform the police.
Published in The Express Tribune, September 9th, 2016.
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