Police
reforms: causes, outcomes and a way forward
Outline
I. Pakistan
is in dire need of police reforms, even it seems to be Penelope's web, yet are
still possible for which we need to understand the disease first, then to look
for its cure.
II. History
of policing in Pakistan.
a.
Various legislations were passed in this regard.
III. The
police are not dearth with power to fulfill its duty.
b.
Ample powers are available to fulfill its duty.
IV. The issue
arises when it crosses the red-line and abuse and misuse its powers.
c.
Sometimes for greed and sometimes to pander
to higher authorities.
V. The undue pressure is another the reason for
police’s failure to act justly.
VI. The
rotten infrastructure, paucity of facilities and lack of training, adds insult
to the injury for the police.
VII. But this
not justification for torture or abuse and misuse of power.
VIII. It is
high time for the legislators and concerned authorities to not let the grass
grow under their feet and fulfill its duty to revamp the police’s institution.
Pakistan’s
good governance; its justice, law and order situation; its peace and prosperity
in life of its citizens; its fight against terrorism and corruption; its goal
to achieve rule of law and enforcement of law; and its mission to eradicate
numerous social evils, from drug addiction to heinous crime of child abuse, all
these and many more, depends primarily on police department. Once Mary Frances Berry said, “When you have
police officers who abuse citizens, you erode public confidence in law
enforcement. That makes the job of good police officers unsafe”. Today these
black sheep carries medal of disgrace for the whole of the department. Pakistan
is in dire need of police reforms, even it seems to be Penelope's web, yet are
still possible for which we need to understand the disease first, then to look
for its cure.
Historically
in Pakistan, since the Mughal era, policing was established; initially,
land-owners and village-headmen were entrusted with this responsibility, which
later on was changed by the British administration. They introduced magisterial
and a new police system. Then around the1850s, Sir Charles Napier, who was
inspired by the Irish constabulary, introduced a different police model in the
Sindh, and Punjab followed the suit. Afterward, with the adoption of Police
Act, 1861 and of Police Rules, 1934 a full-fledged separate institution, as it
seems today, was established. This was carried by us, until the Police Order,
2002 came into being. The idea was to establish a good policing in society,
with inbuilt accountability alongside the check and balance over the abuse and
misuse of powers. Unfortunately, this seems still a dream.
The police are not dearth with power
to fulfill its duty. True, in a society with a profusion of pickpockets to
land-grabber; from white color smart criminals to wanted terrorist, one cannot
imagine living on its own, without the protection of a state. That is why, we
build police to maintain public order, safety and enforce the law; to prevent
and investigate the crime; to bring culprits to justice. Therefore, law bestowed
them with ample powers to make sure no mistake in this regard. Their chief
powers are provided under chapter V and XIV of Code of Criminal Procedure, 1898
and in Police Order, 2002 along with Police Rules, 1934. They can arrest
without warrant, and even can ask anyone to account for one’s ostensible means
of substance.
The issue arises when it crosses the
red-line and abuse and misuse its powers, sometimes to pander to its high-ups
and often for ill-gotten gains. As it is said, a bird in the hand is worth two
in the bush, but the old Adam never accepts it. To quench the thirst of more
and more, police officers get caught in the hands of evil. The arch-rival
parties offer a huge bribe for various reasons; to fabricate and prolong the
investigation, to put pressure on the other side, to even torture the accused
under arrest. In such cases, parties are often at dagger drawn with each other,
and officials get chance to fish in troubled waters.
Moreover, not only the greed alone,
sometimes undue pressure becomes the reason for police’s failure. After the
lodgment of an F.I.R. (First information report), the investigating officer has
to complete its investigation in fourteen days from the date of arrest of
accused, and then duty-bound to submit its challan report within three
additional days, including fourteen. One single investigating officer has to
deal with numerous cases, within meager resources and no state backup and buck
up. The officers’ raison d’etre of acceptance of bribery cannot be simply put
aside. Where there is a hunger, morality has no work there. One officer must
not be burdened with the workload, which outweighs his working capacity.
Furthermore, the rotten
infrastructure, paucity of facilities and lack of training, adds insult to the
injury for the police. With a huge backlog of cases to investigate, they
are sometimes burdened with to maintain the police stations, to arrange
stationery and furniture on their own. A constable who has a duty of patrolling
on the motorbike, have to pay for its petrol from its pocket. Worst of all,
clean water is not available in police stations, and the station house officer
is supposed to arrange it himself. On the other hand, an F.A. or B.A. pass
investigating officer is deputed to deal with and to collect the forensic
science’s evidence. As it is said, the one who lives in the glasshouse should
not throw stones; the government and respective authorities are equally
responsible for this crisis, we are facing.
Be that as it may, no one is above
the law; no one is allowed to take the law into its own hands; no justification
is accepted for a crime unless provided by the law. It has been seen a recent
surge in police torture, since the deaths of eight citizens in this year alone.
The citizens are losing confidence in the police. They fear to call it for its
help in a crisis. The downtrodden have no money to pay to access and gain
justice. Police torture becomes another of terrorism in our society. If someone
is, unfortunately, raped, murdered, or get looted, he will have a Hobson's
choice either to pay for registration and proper investigation of the case or
if not then get ready for injustice.
Under these circumstances, it is
high time for the legislators and concerned authorities to not let the grass
grow under their feet and fulfill its duty to revamp the police’s institution. In this regard, it is recommended that
foremost it must be get depoliticized forthwith. Its abuse and misuse of powers
must be checked regularly and stringent legislative reforms be introduced in
prevalent legislation. An independent accountability forums or an authority be
formulated for strict check and balance on policing. The posting and transfer
must not be based on personal motives or relations; the tenure of the station
house officer and high-ups must be reduced with parallel transfer system. The
federal and provincial governments must together, with an iron will, legislate
a coherent, unified policy for the whole country. The complaints against the
police partisan behavior or fabrication of evidence must be heard by the
judiciary and sever punishments, as a deterrent, be legislated. The deaths
under police custody must be called a terrorism of police and should be dealt
in accordance with anti-terrorism laws. Further, the burden of backlog of cases
on one police officer be reduced. Their pays and annuities should be increased
and a special training programmes for proper investigation and to deal with
forensic science technology be started. Last but not least, in all police
stations CCTV cameras be installed, and as it happens in foreign countries, all
police officers who are deputed for investigation must wear pocket cameras when
they are on patrol. Lastly, judicial magistrates be obliged to weekly check the
arrest and pending investigation cases.
To conclude,
Hafiz Muhammad Azeem
The writer is a lawyer and
teaches law
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