Opinions split on reformed public complaint mechanism
Contrary to judiciary and police viewpoint, legal fraternity says FIR registration is now more complicated
PHOTO: FILE
LAHORE:
The opinion about reforms introduced by the National Judicial Policy Making Committee (NJPMC) on 22A/22B and the efficiency shown by the district complaint officer in this regard is split.
22A/22B dealt with grievances against the failure of the police to register FIRs. Previously, these sections allowed litigants to approach the lower courts and ask them to compel the police to register an FIR if the case was not lodged by the SHO. However, after the changes, if a complainant’s FIR is not registered, he or she will have to approach the SP Complaints to obtain a report.
Once the report is obtained, the aggrieved person may attach it to his or her complaint which will be submitted to the lower court. Members of the legal fraternity say this merely adds an additional layer to FIR registration, which is difficult enough for the common man in the first place.
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The apex court and police officers were of the view that the reforms were producing better results. Meanwhile, the legal fraternity considered otherwise.
SSP Internal Accountability Lahore Faisal Mukhtar, who also had the charge of district complaint officer (DCO), said the forum was not only providing quick relief to the public, but also reducing the burden on the judiciary. The results were acknowledged by the apex court, he added.
Data revealed that at least 2,409 complaints were received from March 13 to July 30, 2019. Only five were pending, while 1,371 were filed. FIRs were registered on 319 complaints. Orders against harassment were issued on 598 and investigations were changed in nine. In 108 complaints, the reconciliation between 108 parties was achieved.
In July, Chief Justice of Pakistan Sheikh Azmat Saeed chaired a meeting of the Police Reforms Committee which was attended by Secretary Law and Justice Commission of Pakistan M Rahim Awan and the Inspector Generals of Police of different provinces.
The statistics shared in the meeting showed that after the reforms in the filing of 22A/22B, such cases in the lower judiciary had dropped by 11% and 20% in the superior courts. In the current year, 8,898 petitions in five high courts and 128,645 in district judiciary were filed across the country. In 2018, 11,223 were filed in the superior courts and 144,194 in the district judiciary during the corresponding period.
Legal and Judicial Reforms Advisory Committee Deputy Chairperson Imran Javed Qureshi deviated from the above claims. He said the realistic analysis revealed the burden had increased. He said one SP in the whole district had to perform the task corresponding police stations were already supposed to be undertaking. He said that earlier, there was no timeframe for the filing of 22A/22B.
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However, now the complainant had to wait for seven days after approaching the SP complaints to come to the court to address his grievances.
He suggested that the appointment of an administrative judge instead of a police officer could have served the purpose well.
Advocate Azhar Siddique also maintained there was no improvement. He claimed to have filed many applications that could not be addressed. He also raised eyebrows over the figure of an 11% and 20% decrease. He said if the system had worked well, there would have been at least a 50% decrease.
Siddique said reforms proved fatal in many cases, especially those of a criminal nature.
He recommended computerisation of the complaints, amendments in the law and punitive measures against officers who caused a delay in addressing complaints.
Published in The Express Tribune, August 28th, 2019.
The opinion about reforms introduced by the National Judicial Policy Making Committee (NJPMC) on 22A/22B and the efficiency shown by the district complaint officer in this regard is split.
22A/22B dealt with grievances against the failure of the police to register FIRs. Previously, these sections allowed litigants to approach the lower courts and ask them to compel the police to register an FIR if the case was not lodged by the SHO. However, after the changes, if a complainant’s FIR is not registered, he or she will have to approach the SP Complaints to obtain a report.
Once the report is obtained, the aggrieved person may attach it to his or her complaint which will be submitted to the lower court. Members of the legal fraternity say this merely adds an additional layer to FIR registration, which is difficult enough for the common man in the first place.
Court orders fresh FIR over furnace blast deaths
The apex court and police officers were of the view that the reforms were producing better results. Meanwhile, the legal fraternity considered otherwise.
SSP Internal Accountability Lahore Faisal Mukhtar, who also had the charge of district complaint officer (DCO), said the forum was not only providing quick relief to the public, but also reducing the burden on the judiciary. The results were acknowledged by the apex court, he added.
Data revealed that at least 2,409 complaints were received from March 13 to July 30, 2019. Only five were pending, while 1,371 were filed. FIRs were registered on 319 complaints. Orders against harassment were issued on 598 and investigations were changed in nine. In 108 complaints, the reconciliation between 108 parties was achieved.
In July, Chief Justice of Pakistan Sheikh Azmat Saeed chaired a meeting of the Police Reforms Committee which was attended by Secretary Law and Justice Commission of Pakistan M Rahim Awan and the Inspector Generals of Police of different provinces.
The statistics shared in the meeting showed that after the reforms in the filing of 22A/22B, such cases in the lower judiciary had dropped by 11% and 20% in the superior courts. In the current year, 8,898 petitions in five high courts and 128,645 in district judiciary were filed across the country. In 2018, 11,223 were filed in the superior courts and 144,194 in the district judiciary during the corresponding period.
Legal and Judicial Reforms Advisory Committee Deputy Chairperson Imran Javed Qureshi deviated from the above claims. He said the realistic analysis revealed the burden had increased. He said one SP in the whole district had to perform the task corresponding police stations were already supposed to be undertaking. He said that earlier, there was no timeframe for the filing of 22A/22B.
FIR registered against Indian pilots for bombing trees
However, now the complainant had to wait for seven days after approaching the SP complaints to come to the court to address his grievances.
He suggested that the appointment of an administrative judge instead of a police officer could have served the purpose well.
Advocate Azhar Siddique also maintained there was no improvement. He claimed to have filed many applications that could not be addressed. He also raised eyebrows over the figure of an 11% and 20% decrease. He said if the system had worked well, there would have been at least a 50% decrease.
Siddique said reforms proved fatal in many cases, especially those of a criminal nature.
He recommended computerisation of the complaints, amendments in the law and punitive measures against officers who caused a delay in addressing complaints.
Published in The Express Tribune, August 28th, 2019.