Judiciary stresses federal legislation for police reforms

CJP Khosa writes to federal secretaries for implementation of court's Jan 21 verdict, PRC report

ISLAMABAD: Despite strong reservation by the Pakistan Peoples Party (PPP)-led Sindh government, the superior judiciary has stressed the need for introducing federal legislation to bring reforms in the police department for securing integrity, competence, diligence and accountability.

The reforms include setting out uniform criteria of appointment on cadre posts, their independence of operation, security of tenure, performance assessment and accountability of incompetence, negligence or dishonesty.

A three-judge bench, headed by former chief justice Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, on January 21 declared that "police is a concurrent subject" on which both the federal and provincial government could legislate. It is learnt that the Sindh government has challenged the court's judgement.

In the latest development, Law & Justice Commission of Pakistan (SLJCP) Chairman CJP Asif Saeed Khosa, through SLJC Secretary Raheem Awan, on Thursday wrote a letter to the federal law and interior secretaries for implementation of the court's January 21 verdict and the Police Reforms Committee (PRC) report.

The letter stated that the CJP conveyed that operational and administrative autonomy of the police was vital for the independence of judiciary and that any steps by the functionaries concerned should strictly adhere to the verdict of the Supreme Court judgement dated January 21. The verdict would allow the federal government to introduce legislation on police.

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Similarly, the chief justice also sought progress report on a monthly basis for the implementation of the PRC report. The PRC was constituted by the apex court last year.

It is also stated in the letter that the implementation of the PRC report required the attention of the executive authorities and legislation should now be completed as soon as possible so that the institution could be put in place for external accountability along with improvements in the laws in accordance with the superior courts and in coordination with the provincial government.

The committee, headed by former inspector general of police Afzal Ali Shigri and comprising former Punjab IG Syed Masood Shah and former Sindh IG Asad Jahangir Khan, former FIA director general Tariq Khosa, former IGP Shoaib Suddle and all incumbent IGPs, spent seven months to prepare a report on police reforms on three broad areas of its Terms of Reference (ToRs), including model police law, accountability and operational matters and legislative reforms.

PRC report components

The first question dealt by the PRC was constitutionality of the police law in Pakistan. A brief survey of constitutional aspects of police law in the country was carried out.

The record showed that since 1947, the federal nature and the role of the Federation in dispensing criminal justice had been constitutionally protected, according to the executive summary of the PRC report.

The summary stated that after the 18th Constitutional Amendment, the propensity of the provincial governments to control police led to multiplicity of provincial police laws without appreciating the jurisprudence expounded by the Supreme Court and without taking into account the importance of fair and effective enforcement of fundamental rights of the people as guaranteed in the Constitution.

At the moment, the four provinces have introduced separate police laws in disregard to Articles 142 and 143 of the Constitution, it stated.

Also the PRC, after examining the Police Order 2002, ensured it provided the requisite uniformity and standardisation of its institutional structures. The PRC believed there were some areas that needed compatibility with the latest constitutional and legal developments.

The second thematic area identified in the ToRs was accountability and operational matters, which was further itemised into internal and external accountability, improving the quality of investigations, revamping of urban policing organisational structure, alternate dispute resolution (ADR) and diagnosing weak areas in the anti-terrorism legal regime in Pakistan.

So far as the accountability mechanisms were concerned, the PRC was of the view that public complaints against the police required to be addressed as the highest priority if meaningful reforms in the criminal justice system were to be achieved.

The PRC stated there was a need to have an internal accountability mechanism at the central police office to deal with complaints against the department. Punjab established a Discipline and Inspections Branch headed by an officer of the rank of additional IGP.

Conversely, for external accountability mechanisms, the PRC recommended establishment of Police Complaints Authorities as provided in the Police Order, 2002 (Articles 103-108). These authorities would deal with complaints of neglect, excess or misconduct against police officers.

The complaints of ordinary nature may be referred to the heads of police concerned.



However, complaints serious in nature, like death, rape or serious injury to any person in police custody might be referred to the chief justice of high court for inquiry through a district and sessions judge (D&SJ).

The PRC was of the view that the investigation side needed major up gradation to win public confidence. In this regard, the committee recommended organisational revamping and giving investigation its due place within operations.

As investigation was not a key priority area for rank and file in the police organisations, the whole unit needed to be geared towards according due priority to this vital responsibility.

Poor quality of investigation being also a major concern of the judiciary needed urgent remedial measures. In order to bring about a substantial qualitative improvement in the state of affairs relating to investigation, the PRC recommended introduction of the concept of investigation teams and appointment of best officers as investigators.

Taking into consideration the principles contained in the Alternate Dispute Resolution Act, 2017, the PRC was of the view that the police could play an effective role in the settlement of disputes in petty criminal cases, and therefore, the act might either be extended to the whole country or the provinces might legislate their own laws on the same lines.

The third thematic area related to policing-related amendments in laws like CrPC, evidence law, ATA etc, the PRC recommended appropriate changes therein.

The PRC also pointed out that a link between law-making and available budget or resources was missing.

Excessive legislation was introduced without allocating resources for implementation.

Resultantly, there were more new laws with no resources, hence eroding the trust of citizens in the government's ability to deliver on the rights and the constitutional dispensation.

Furthermore, the committee believed that work on improving services was a continuing effort that needed persistent institutional ownership as well as trust by the courts and the public at large. The PRC shall be looking forward to assist the Supreme Court of Pakistan in its effort to implement the fundamental rights of the citizens of Pakistan.