The dream of reforming police

S ecurity is the basic urge of a human and its provision is the basic duty of the state, therefore role of police in this context is most significant. As a professional body, police is ordained under the law to undertake the responsibility for peace and security. Gen Pervez Musharraf gave Police Order 2002, believing that certain structural changes would make it possible to reconstruct the police for efficient prevention and detection of crime, and maintenance of public order.

Although this gave the concept of functional specialisation and added new positions of Additional Inspectors General, Deputy Inspectors, Superintendents of Police, the police force could not be moulded in line with the needs and desires of citizens. In fact, no desirable change occurred at the district and police station level, except change of nomenclature from Inspector General of Police to Provincial Police Officer, from Deputy Inspector General of Police to Regional Police officer, from Superintendent of Police to District Police Officer and creation of the offices of Superintendent of Police Investigation. The main concept of making police independent subject to law by inserting provisions that the provincial government shall, out of a panel of three police officers recommended by the federal government suggested by National Public Safety Commission, post a police officer of the rank of Inspector General of Police as Provincial Police Officer of the Province.

Similarly the federal government shall, out of a panel of three suitable police officers recommended by the National Public Safety Commission, post head of a Federal Investigation Agency, Pakistan Railway Police, Pakistan Motorway and Highway Police and Frontier Constabulary. But, this provision did not materialise. The government also bestowed the Provincial Police Officer, with administrative and financial powers as ex-officio Secretary to the provincial government and other powers under the Order, or any other law for the time being in force. Islamabad Capital City Police Officer was also given the same powers under the Order. The Police Order also protected the tenure of the officers by mentioning that it shall be three years from the date of his posting.

The provision of experts to assist the Provincial Police Officer to be appointed on the recommendation of Public Service Commission has also been given in the order. Capital City District Public Safety Commission, Provincial Public Safety Commission, National Safety Commission, Establishment of Federal Police Complaints Authority, Establishment of Provincial Police Complaints Authority, and Criminal Justice Coordination Committee were other provisions to make law enforcement agencies in particular police at the federal level and provincial level responsible and accountable. But unfortunately Police Order 2002 has never been applied to the capital and Islamabad police is still functioning under Police Act 1861.

Criminal Justice Coordination Committee has been tasked to keep under review the operation of the criminal justice system and work towards the improvement of the system as a whole under the chairmanship of District & Sessions Judge but the bitter truth is that committee could not ensure dispensation of justice in true sense of the term. Had those committees been functioning properly, delays in challans and trials would not have occurred — the major bane of the criminal administration justice system. Under the order, the Provincial Government — with agreement of Provincial Public Safety Commission and Capital City Public Safety Commission — has been authorised to transfer the Provincial Police Officer or Capital City Police Officer before the expiry of his tenure, on account of unsatisfactory performance of duties. But, no such exercise has ever been carried out.

The Provincial Police Complaints Authority has been given powers to receive from District Public Safety Commission or an aggrieved person, complaint of neglect, excess or misconduct against a Police Officer; process the complaint and refer the ordinary cases to an appropriate authority for action and report, and in serious cases initiate action on its own; receive from the District Public Safety Commission or Head of District Police any report of death, rape or serious injury to any person in police custody and take steps to preserve evidence relating to such incident and request the Chief Justice of the High Court under intimation to the government to appoint a Judge not below the District and Sessions Judge for a judicial enquiry. The main intent and purpose of the aforementioned legislation was to set in motion reformation by making police independent, free from external influences, accountable and professional in all areas of policing by ensuring justice.

But, still the customer i.e. the citizen could not feel the change for the good. The matter of fact is that mere legislation is not the be all and end all of reforms. Legislation sets the pace, on which further work is being initiated. However, Capital City District Public Safety Commission, Provincial Public Safety Commission, National Safety Commission, Federal Police Complaints Authority, Provincial Police Complaints Authority could not be made functional. Therefore, the postings of Provincial Police Officers have never been processed as ordained in the Order. Resultantly, dreams to make police independent and protect the tenure of the officers could not be realised. The concept of functional specialisation could also not be translated into reality. The much-needed resources could not be made available. Thus the police force is still lingering on with stereotype methods. Having analysed the aforementioned facts, it is safe to say that mere legislation is not enough. Resources for realisation of the given concepts and implementation of all the provisions of the law are also imperative.