Police Reforms
Umair Anwar
“The first observation I would like to make is this. You will
no doubt agree with me that the first duty of a government is to maintain law
and order so the life, property and religious beliefs of its subjects are fully
protected by the state.”
-Quaid-e-Azam Mohammad Ali Jinnah address to the
Constituent Assembly on Aug 11, 1947.
Police, an
institution for maintaining law and order, find the rage of the people as it is
directly facing people. The age old
police act introduced in 1861 is changed with the police order 2002. However,
the former order amended in 2004. It was felt anxiously that this institution
needs reformation as the purpose for its being in 1861 was to serve colonial
legacy, but after 1947 the purpose of this institution changed radically.
The reformation
process for police dates back to 1947, when the Pakistan appeared on the map of
the world. And since that time the police get the most blame though because it
is visible to everyone and is expected to deal with the array of matters i.e.
from political to legal disputes. The recital of police is not different from
other services even when the army runs the country but the reason its lime
lighted is obvious as it directly deals with the public. The brutality and
professionally incompetent organization especially public organization have
sever repercussion on the general public as they are the one who face much.
These attitudes damage the society and its adherents, and create anarchy in the
affairs of the state.
The question here
is why do one need reformations? There are two things that should be noted
here, one the civilized societies are rooted with the strong rule of law,
safety and security of the common man and when this failed the need for
reformation rises. Secondly, when the existing system gets previous to meet the
current environmental scenarios.
According to the
Wikipedia an online encyclopedia the police are the person empowered to enforce
law, protect property and reduce civil disorder. Pakistan was bequeathed with
the 80 years old police act 1861 when it came into being. The police act 1861
was made in context to colonial rule, its main purpose was to keep a tight
leash on the natives was totally disinterested with the rights of the people
having main of serving its political masters.
Justice Cornelius
called this the rule of danda (stick) as the main concern of the police was to
collect land revenue and maintain law and order (same as the duties of a
collector in Europe). Pointed out by
Mawbay (1990) the model followed the Irish Constabulary, where there was no
mandate for the community and the model serves as a substitute of army. In 1840
Sir Charles Napier established irrationally the Irish modeled police in Sindh
(presently a Pakistani province) the reason was to separate army and a new
group of people was organized which could perform the duties like soldiers but
purely civilian in nature. As Tobias (1977) rightly justified that they lived
in barracks with their families partly for security purpose and partly to make
it more difficult for them to form ‘local connection’.
In 1838 Bird
Committee report emerged with an intense debate. The Torture Commission of 1855
produced the evidence that the police was involved in illegal activities. This
led to the 1856 policy directive of reorganization of police throughout British
India. Mutiny of 1857 turned the
complete picture of the 1856 policy directive. It was considered a dire need to
control the police so the Police Act of 1861 was made in to action, in which
the hierarch started from Inspector General and goes down to District
Superintendents for the maintenance of the law and order. The first need of
reformation of this act was pointed out by Lord Curzon in 1902-03 and findings
were that the police act 1861 completely flopped. The new phase of reformation
started immediately after the birth of Pakistan under the supervision of
Governor General Mohammad Ali Jinnah; however, the passed assembly bill failed
to reach him as he died on 11 September 1948. Year 1951-62 stressed the clear
need for the reformation but still the things never get accepted on the whole.
A committee in 1985 was made to study the present system. UN mission in 1995 and
a Japanese and Colombian team during their visit to Pakistan identified the lapse
the Police Act contains. The establishment of Focal Group in 1999 suggested
fundamental reforms for police. These suggestions were taken seriously by the
National Reconstruction Bureau (NRB) and finally on 23 March 2002 a new Police
Order was implemented.
Above a brief
overview of the hereditary acts for the police had been in black and white. The
state writ is challenged in Pakistan’s Northern Areas since Taliban’s and other
terrorist groups expanded their influences as a consequence of 9/11 and US/NATO
military action in Afghanistan and Federally Administered Areas (FATA) and the
adjacent North West Frontier Province (NWFP). Military solutions might be
possible there but they failed totally in the dealing with civilian matters.
The case of Lal Masjid might be avoided, provided the police be in fully
position and vigilant. Pakistani police had failed more when compared to its
success stories. The reason behind is the lack of training, ill-equipment,
deeply politicized, corruption and poor administration despite the fact that
they have potential to deliver.
As an institution
the impersonal attitude is very important to be observed especially in case of
Police. Police is always a mean to suppress and terrorize the dissent and
political rivals. This culture developed as explained earlier way back from
colonial rule. The delay in reformation of the police had led many
circumstances to occur, which might/ could have been avoided if it is reformed.
The promotions were attached to the will of the political masters so the
affiliation to a single political party was obvious. The recent example even
after the inaction of the Police order 2002 is seen in the case of Sri Lankan
cricket team attack in 2009 due to the change of police command due to Governor
Rule. Senior command positions of the
Police are filled through Federal Police Service of Pakistan. They are highly
against the change as the promotions from lower cadre are very slow, and that
create the low motivational level in the organization.
The process of
interrogation is very weak and coupled with highly abusive language and extra
judicial killings. Poor training skills are an added nail to the coffin as
there are only two training centers, one in Sihla and other a newly opened in
Islamabad. The training center for junior staff in Manawa taken as an example
as there are no proper facilities and according to a report almost 30% trainees
miss their daily exercises due to illness caused by unhygienic
environment.
One of the reports
of the Transparency International ‘Global Corruption Barometer’ had disclosed
that the police is the most corrupt department of the of the country. The major
reason is that an average police officer is earning $100 per month, which is
very difficult for a family to meet its both end meet.
As we go further
we could see easily in the light of the above state arguments that why police
fail to contain the terrorist activity. Firstly, there is a complete lack of
coordination between police, civilians and other intelligence agencies
(military agencies added). Secondly, data collection also gets impossible due
to lack of coordination and trust between police and state agencies. Thirdly,
Special investigation Group created by FIA was to be trained to improve law and
order in the country by America FBI but since 2003 only four approx visited
America for this purpose. Fourthly, low incentives also create lack of
motivation. Lastly, lack of adequate resources, even after being promised by
the US embassy which amounts to $4.1 Billion are yet to be distributed.
The shortfall
version of the police is being described earlier. The Police Order 2002 which
replaced the colonial age Police Act 1860 is yet to be observed in the full
sense. Some of the key points are discussed as under to grab a gist of the
Police Order 2002.
1.
The role of the district magistrate was
abolished and the police hierarchy was made responsible for not only
organization and internal administration of the force but also with the matters
connected to the Law and Order.
2.
Police should be responsible for their
activities as they will be held accountable in the department.
3.
Establishment of Public safety
commission to reduce the interference of the Politicians in Power.
4.
The role of the police is redefined
with perspective to prevention and detection of the crime.
5.
Police service should be accountable to
public to remove trust deficit of public.
6.
Establishment of independent
prosecution service.
7.
The police should come up to the
expectations of the Public.
The Police Order 2002
was highly criticized when it got many amendments in 2004. Very strong response
was observed as it was considered a pudding of 17th amendment.
The major arose
firstly, when the Performance Evaluation Reports (PER) of the police was to be
signed by the Zila Nazim and secondly, taking away the powers of independent
safety commission and the oversight bodies which undermined the spirit of the
reform. And returning back to the same place from it moved i.e. to political master’s
(example quoted above).
Conclusion
With the changing
dynamics of the environment the capacity building is necessary. The relation of
police with the other statutory organs of the country should be developed,
Military and police relation in particular. The recent police training in 2010
also help in promoting the coordination between these two institutions.
National Highways
and Motorway Police force can be taken as an example of Top-level commitment,
effective leadership, better wages, a favorable work environment and equality
before the law. Democracy should be made
unquestionable for strengthening of civilian law.
The whole paradigm
should be shifted with proper training, professional policing, equipped the
staff with proper arms and ammunitions, replacing age-old policing practices,
developing working relationships with strategic partners and community in
particularly with the power of accountability resting in the hands of general
public.
The need of the
hour is to turn the police service in to an instrument of public service.
