Future of Police in Pakistan
English Essay on "Future of Police in Pakistan"
The government is about to fulfill its commitment of promulgation of a new police law based on aspirations of citizens in a democratic framework. Police in Pakistan is expected to be free from political and extraneous influences; an organization that is professional and fully accountable to democratic and judicial institutions.
It would be pertinent to recapitulate observations and expectations of the superior judiciary expressed in a landmark judgement entitled Hazoor Bakhsh versus Senior Superintendent of Police, Rahimnyar Khan: PLD 1999 Lahore 417. Mr. Justice Mian Allah Nawaz and Mr. Justice Muhammad Zafar Yasin, Honourable Judges of High Court, Bahawalpur Bench, made the following observations about police system in writ petition No.4332 of 19981BWP decided on 28 September, 1998.
“The policemen are the state employed guardians of citizens and are first component of system of criminal justice. They are charged with multifarious duties related to enforcement of laws, maintenance of social order and preservation of peace. Briefly, they are guardian of citizenry and wield coercive power of state.
The purpose of police force/organiation vary from state to state, commensurate with its nature. In colonial states, this organization is designed to maintain peace so as to keep loyalties of slaves to its masters. In a democratic state, this is so structured that ensures the supremacy of law made by legislature and the dignity of citizenry. educationsight.blogspot.com It will not be out of place to mention that this force, in our cherished State, still owes its life to Police Act 1861 which was enforced by the British masters.
Naturally, it was framed with above noted purpose. It goes without any saying that this institution worked with effectiveness and efficiency in colonial days because of being free from extraneous political influences. The District Magistrate as well as the District Superintendent of Police was agents of Crown and enforced colonial laws with slavish mentality.
Recruitments in this organization were made on the basis of merit. It is highly painful to note that with the dawn of dependence and after the first phase, those who were at the helm of affairs, neither changed this legislation nor tried to infuse it with principles of democratic control.
What happened was that this organization was subordinated to political control. Even when this country was governed by Martial Law, these orientations did not undergo much change. Resultantly, kleptocratic tendencies commenced to occupy every field including this force.
The appointments, recruitments of police officers, their transfers, their promotions were made on the whims of new political masters. This injected anarchic indiscipline, nepotism in this disciplined institution. Confronted with these degenerative tendencies, various commissions were appointed to suggest reforms in police but none of the reports was published and so no consequential reforms in this force were made. These conditions caught the eyes of a team of U.N. experts headed by former Chief of Interpol. After in-depth examination of these trends he said; .. There has been a near complete failure on the part of successive governments, both military and democratic, to either equip the police adequately or to ensure that they receive adequate training. Accordingly they are quite simply completely unprepared to deal with the present situation.
Policing will collapse not only in Karachi but also in other parts of the country unless law enforcement institutions are strengthened immediately. “As no reforms were taken these issues again surfaced and were dealt with by Muhammad Abbas Khan, former Inspector General of Police, Punjab He analyzed the ailments of this police force and suggested number of proposals dealing with the decentralization of powers in this force, its account- ability and its insulation from political influence. He went on to suggest adoption of Japanese Model.
The crux of his thesis was that this institution must be freed from extraneous pressures as quickly as possible and be subjected to democratic control rather than political control. We are tempted to quote him in his words: ‘The old and anachronistic Police Act of 1861 needs to be replaced by new Police Act wherein the role of ‘police for the people’ and concept of public service should be highlighted. In order to achieve this purpose and to win the trust of the citizens, institutions should be developed to improve police accountability and professionalism. The following two supporting institutions are required to achieve the objective of a politically neutral, democratically controlled and professional police service.
........ The Police in Pakistan should be brought under the control of Public Safety Commission, both at the Federal and Provincial Government level. These Commissions should have the following features: -
(i) The Commission needs to be a multi party body with no single party to have a controlling majority.
(ii) The members of the Commission should represent various professions like lawyers, scholars, journalists, social workers, retired Judges and politicians, etc. They must be citizens of integrity imbued with the spirit of public service.
(iii) Members of the Commission may be appointed for a five years tenure. They may only be removed if physically incapacitated’ or when found guilty of misconduct. Their removal may be with the consent of both Houses of Parliament through a process of impeachment.
(iv) The members at Federal level may be nominated by the Prime Minister, subject to approval by both the National Assembly and the Senate.
Similarly, members at provincial level, may be appointed by the Chief Minister subject to approval by the Provincial Assembly.
(v) The Public Safety Commission will be a policy making institution. It will safeguard the interests of the citizens as well as secure the police from external pressures.’
“Confronted with the breakdown in law and order we were tempted to point out above picture and conditions obtaining in this law enforcement agency. We are faced with questions as to whether Police Act is old, outdated and has lost its efficacy with the march of time; whether decentralized model of police experimented by British/Japan is preferable to centralized as embodied in Police Act, 1861; what police organization in crumbling mechanism should be evolved to insulate the police force from extraneous pressure. These questions are beyond the sphere of judiciary and are reserved exclusively -to legislature and political executive. We have described the above noted ailments with an objective that legislature will attend to the aforesaid circumstances and save the police from further degeneration.”
The above observation of the High Court must have been taken into account by the framers of the new police law. These guidelines provide framework for politically neutral, democratically controlled and professional police institution. Independent judiciary, operationally autonomous but highly accountable prosecution and police services are vital components of the criminal justice system. Public Safety Commissions at federal, provincial and district level must provide institutional safeguards against external pressures on police organization and also safeguard public interest vis-Ã -vis police high handedness. Like many other important national issues, the future of police in Pakistan is going to be determined by new law on the anvil. Superintendence over police will remain with the government but would be subject to law.
No government or political party in power should be able to misuse police. Institutional safeguards, hitherto not available in Police Act of 1861 (as they were not needed by the British) are now being provided through Public Safety Commissions. Governments may try to control these commissions but they are required to be independent institutions responsible to citizens and parliament.
There is a great emphasis on human rights and protection of weak segments in the society in the proposed new police law. An effective and credible system of external accountability by independent Police Complaints Authority at federal/provincial level and by public safety commission at district level is envisaged. The new police law visualizes reorganization of police on modern lines with functional socialization to be achieved through separation of investigation from patrolling and other law and order functions.
Criminal Justice Coordination Committee headed by Sessions Judge at district level is going to enhance efficiency and accountability of police before the judiciary and improve criminal administration in the district. The new police law caters for Assistant Superintendents of Police as in charge of police stations, starting first in urban areas. This will improve operational efficiency and tarnished image of police. Future of police in Pakistan depends on politic al will of governments and parliament to ensure that police becomes an effective instrument of law and a professional institution capable of meeting the challenges of terrorism, organized crimes and law and order situations.
A well paid, well trained and professional police can contribute toward effective internal security. The will of people is reflected through laws. Let the new police law prove to be harbinger of positive change. However, police will have to come up to public expectations; otherwise the vision and dream of Quaid-i-Azam Jinnah s Pakistan will go sour. We cannot afford that. It is a question of our honour and dignity as a nation.
It would be pertinent to recapitulate observations and expectations of the superior judiciary expressed in a landmark judgement entitled Hazoor Bakhsh versus Senior Superintendent of Police, Rahimnyar Khan: PLD 1999 Lahore 417. Mr. Justice Mian Allah Nawaz and Mr. Justice Muhammad Zafar Yasin, Honourable Judges of High Court, Bahawalpur Bench, made the following observations about police system in writ petition No.4332 of 19981BWP decided on 28 September, 1998.
“The policemen are the state employed guardians of citizens and are first component of system of criminal justice. They are charged with multifarious duties related to enforcement of laws, maintenance of social order and preservation of peace. Briefly, they are guardian of citizenry and wield coercive power of state.
The purpose of police force/organiation vary from state to state, commensurate with its nature. In colonial states, this organization is designed to maintain peace so as to keep loyalties of slaves to its masters. In a democratic state, this is so structured that ensures the supremacy of law made by legislature and the dignity of citizenry. educationsight.blogspot.com It will not be out of place to mention that this force, in our cherished State, still owes its life to Police Act 1861 which was enforced by the British masters.
Naturally, it was framed with above noted purpose. It goes without any saying that this institution worked with effectiveness and efficiency in colonial days because of being free from extraneous political influences. The District Magistrate as well as the District Superintendent of Police was agents of Crown and enforced colonial laws with slavish mentality.
Recruitments in this organization were made on the basis of merit. It is highly painful to note that with the dawn of dependence and after the first phase, those who were at the helm of affairs, neither changed this legislation nor tried to infuse it with principles of democratic control.
What happened was that this organization was subordinated to political control. Even when this country was governed by Martial Law, these orientations did not undergo much change. Resultantly, kleptocratic tendencies commenced to occupy every field including this force.
The appointments, recruitments of police officers, their transfers, their promotions were made on the whims of new political masters. This injected anarchic indiscipline, nepotism in this disciplined institution. Confronted with these degenerative tendencies, various commissions were appointed to suggest reforms in police but none of the reports was published and so no consequential reforms in this force were made. These conditions caught the eyes of a team of U.N. experts headed by former Chief of Interpol. After in-depth examination of these trends he said; .. There has been a near complete failure on the part of successive governments, both military and democratic, to either equip the police adequately or to ensure that they receive adequate training. Accordingly they are quite simply completely unprepared to deal with the present situation.
Policing will collapse not only in Karachi but also in other parts of the country unless law enforcement institutions are strengthened immediately. “As no reforms were taken these issues again surfaced and were dealt with by Muhammad Abbas Khan, former Inspector General of Police, Punjab He analyzed the ailments of this police force and suggested number of proposals dealing with the decentralization of powers in this force, its account- ability and its insulation from political influence. He went on to suggest adoption of Japanese Model.
The crux of his thesis was that this institution must be freed from extraneous pressures as quickly as possible and be subjected to democratic control rather than political control. We are tempted to quote him in his words: ‘The old and anachronistic Police Act of 1861 needs to be replaced by new Police Act wherein the role of ‘police for the people’ and concept of public service should be highlighted. In order to achieve this purpose and to win the trust of the citizens, institutions should be developed to improve police accountability and professionalism. The following two supporting institutions are required to achieve the objective of a politically neutral, democratically controlled and professional police service.
........ The Police in Pakistan should be brought under the control of Public Safety Commission, both at the Federal and Provincial Government level. These Commissions should have the following features: -
(i) The Commission needs to be a multi party body with no single party to have a controlling majority.
(ii) The members of the Commission should represent various professions like lawyers, scholars, journalists, social workers, retired Judges and politicians, etc. They must be citizens of integrity imbued with the spirit of public service.
(iii) Members of the Commission may be appointed for a five years tenure. They may only be removed if physically incapacitated’ or when found guilty of misconduct. Their removal may be with the consent of both Houses of Parliament through a process of impeachment.
(iv) The members at Federal level may be nominated by the Prime Minister, subject to approval by both the National Assembly and the Senate.
Similarly, members at provincial level, may be appointed by the Chief Minister subject to approval by the Provincial Assembly.
(v) The Public Safety Commission will be a policy making institution. It will safeguard the interests of the citizens as well as secure the police from external pressures.’
“Confronted with the breakdown in law and order we were tempted to point out above picture and conditions obtaining in this law enforcement agency. We are faced with questions as to whether Police Act is old, outdated and has lost its efficacy with the march of time; whether decentralized model of police experimented by British/Japan is preferable to centralized as embodied in Police Act, 1861; what police organization in crumbling mechanism should be evolved to insulate the police force from extraneous pressure. These questions are beyond the sphere of judiciary and are reserved exclusively -to legislature and political executive. We have described the above noted ailments with an objective that legislature will attend to the aforesaid circumstances and save the police from further degeneration.”
The above observation of the High Court must have been taken into account by the framers of the new police law. These guidelines provide framework for politically neutral, democratically controlled and professional police institution. Independent judiciary, operationally autonomous but highly accountable prosecution and police services are vital components of the criminal justice system. Public Safety Commissions at federal, provincial and district level must provide institutional safeguards against external pressures on police organization and also safeguard public interest vis-Ã -vis police high handedness. Like many other important national issues, the future of police in Pakistan is going to be determined by new law on the anvil. Superintendence over police will remain with the government but would be subject to law.
No government or political party in power should be able to misuse police. Institutional safeguards, hitherto not available in Police Act of 1861 (as they were not needed by the British) are now being provided through Public Safety Commissions. Governments may try to control these commissions but they are required to be independent institutions responsible to citizens and parliament.
There is a great emphasis on human rights and protection of weak segments in the society in the proposed new police law. An effective and credible system of external accountability by independent Police Complaints Authority at federal/provincial level and by public safety commission at district level is envisaged. The new police law visualizes reorganization of police on modern lines with functional socialization to be achieved through separation of investigation from patrolling and other law and order functions.
Criminal Justice Coordination Committee headed by Sessions Judge at district level is going to enhance efficiency and accountability of police before the judiciary and improve criminal administration in the district. The new police law caters for Assistant Superintendents of Police as in charge of police stations, starting first in urban areas. This will improve operational efficiency and tarnished image of police. Future of police in Pakistan depends on politic al will of governments and parliament to ensure that police becomes an effective instrument of law and a professional institution capable of meeting the challenges of terrorism, organized crimes and law and order situations.
A well paid, well trained and professional police can contribute toward effective internal security. The will of people is reflected through laws. Let the new police law prove to be harbinger of positive change. However, police will have to come up to public expectations; otherwise the vision and dream of Quaid-i-Azam Jinnah s Pakistan will go sour. We cannot afford that. It is a question of our honour and dignity as a nation.
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