ROLE AND RESPONSIBILITY OF INSTITUTIONS IN POST COLONIAL DEMOCRATIC REFORMS POLICE PERSPECTIVE

ROLE AND RESPONSIBILITY OF INSTITUTIONS IN POST COLONIAL DEMOCRATIC REFORMS POLICE PERSPECTIVE

ROLE OF POLICE IN A MODERN SOCIETY A well trained and professional civilian police is vital for a modern society To maintain peace & set the Criminal Justice System in motion the police must have powers Empowerment of police and its check through an institutional arrangement a dilemma and a challenge for society

Historical background in colonial period Grant of Dewani of Bengal, Bihar & Orissa, transformed East India Company into a revenue collecting agency Police placed under revenue collector that resorted to torture for revenue collection Debate in House of Commons in 1845 Torture Commission set up in 1855- its report recommended a separate command for police

Contd. Metropolitan police in 1856 in the Presidency town of Calcutta, Bombay & Madras followed by the enactment of Madras District Police Act, 1859, Police laws based on separation of judiciary from the executive. War of independence 1857. In this backdrop 1861 Police Act that again combined judicial and executive powers in the DM Efficient and useful for a colonial power and served them for 86 years

Post independence developments for reforms This system suited the governments for their immediate political gains of suppressing dissent Nexus between politicians & bureaucracy Metropolitan Police Act 1948 passed but never implemented Since 1960 twenty five reports by commissions, committees and experts but no action on the recommendations Professionally independent, accountable and subject to civilian oversight police remained a dream

Action by the government of Gen. Pervaz Musharaf Formation of the Focal Group in the Interior Division December, 1999- consultations & Report in Feb.2000 Think Tank on Law Enforcement in the NRB established March, 2000 The Local Government Plan including Police Reforms approved in August, 2000 Police Order 2002 was promulgated- It was a revolutionary step It redefined role of police and redesigned it to meet the challenges of 21 st.century

Salient features of Police Order 2000 Create a bridge for fostering a healthy relationship between police & community External Civilian oversight of police through a system of safety commissions at all operational tiers of command Safety commissions so structured that it has the representation of civil society and elected members from opposition and treasury

Contd. Commissions required to monitor the functioning of police against specific targets and to insulate police from extraneous interference against illegal orders A credible accountability system of police through independent Police Complaint Authority at the National and Provincial levels with vast powers for enquiry and criminal/departmental action

Contd. Reorganization of police and operational autonomy to police command Exclusive powers for maintaining peace and crime prevention Authority combined with responsibility to ensure efficiency and effective accountability

Amendments in 2004 In the name of public interest Police Order 2002 was amended in 2004 even before its implementation Checks on unrestrained powers of the executive was unacceptable to elected political governments in the Provinces. Civilian oversight through a neutral body has been compromised by changing the composition of the district and provincial public safety commissions

Contd. Role of commissions in postings of Provincial Police Chief deleted & provision for insulating police against illegal orders diluted Provincial Police Complaint Authority merged into now restructured Provincial Public Safety Commission Even mandatory judicial enquiry into complaints of death, serious injury and rape in police custody done away with

Contd. Professional autonomy of police command taken away through definitions instead of amendments in the law Provinces embarked on an adventure of whimsical restructuring of police in the name of reforms even against the Police Order

Contd. These amendments hit at the very foundation of the concept of a people friendly law enforcement agency and are a sad reflection of the mindset of the political parties who have chosen to destroy a people-friendly law ironically given to the country by a military ruler.

Players and their role There are three major players who had the responsibility to implement the Police Order 2002 and create an effective institutional arrangement, namely politicians, bureaucracy and police. All three collaborated to destroy this law for different reasons. Politicians without the option of misuse of police to deal with their political opponents felt weakened and therefore were averse to external oversight by civil society, bureaucracy feels that failure of the reforms will help in restoration of their all powerful DM and police just did not like the stringent provisions of swift and meaningful accountability of their misdeeds.

Conclusion Despite these frustrating developments, enactment of Police Order 2002 a giant step in the right direction. A concept of external independent checks was introduced for the first time in this part of the world Even the amended version still contain provisions for institutional arrangements to check the police excesses and whimsical orders of the executive There has to be political will to implement the law and provide relief to the people

Contd. Its implementation can be secured through public interest litigations by the civil society & judiciary will definitely be helpful Presently amended law is in the National Assembly for legislation and one can only hope that these violations of the rights of the common man, presented in the garb of reforms, are examined closely and struck down. The assembly owes it to the people of Pakistan to come to their rescue who have suffered too long at the hands of police and their mentors

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