Executive magistracy revision sends ripples through cops

Officer says the colonial system has become redundant in other parts of the world

LAHORE: The move by the government to revise the executive magistracy through the 29th constitutional amendment has sent ripples through officers of the Pakistan Police Service (PSP).

Expressing their concerns on the proposed bill of the amendment, they have threatened to take extreme steps and even tender “mass resignations” to counter the move.

An officer termed the step another “coup d'état attempt” by the bureaucracy which is has a nostalgic lust for colonial power.



An officer said the executive magistracy, which awards judicial powers to the executive, is a colonial arrangement which is not only in against the independence of judiciary and rule of law, but will turn police officers into clerks.

“A district magistrate will write their ACR. The system of executive magistracy has become redundant in other parts of the world, including India and Bangladesh. It is highly unfortunate that democratically elected leaders are going to revive a colonial system of governance.

He further stated that the draft of constitutional amendment was in contradiction to Article 175(III), which states that the judiciary must be separated from the executive within ten years, and Article 10-A (the right to a fair trial).

He said the bill was tabled before the National Assembly’s Committee on Law & Justice for the 29th Constitutional Amendment on May 15, 2017. The committee will start proceedings on the proposed amendment soon.



According to the proposed bill, a copy of which is available with The Express Tribune, a new article titled 211A Establishment of Executive Magistracy will be inserted in the constitution. The content of proposed article stats: “Notwithstanding anything contained in the Constitution, the federal or provincial government may, by law, establish an executive magistracy for certain specified purposes, including controlling the law and order situation”.

The Statement of Objects and Reasons regarding Article 211A states “It has been observed that functioning of the administration and enforcement of local and special laws has been seriously impaired in the absence of an executive magistracy.

Discussing the background that led to constitutional amendment, he said elections were scheduled for next year.”

“The politicians are preparing for elections and they needed the police under their thumb. Executive magistracy will ensure abuse of power and it became difficult in presence of empowered police. He said that three provincial governments had faced issues with their IGs.

Published in The Express Tribune, June 8^th, 2017.