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 17^th 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.