Law and Justice Commission set to issue police reforms report today

ISLAMABAD: The Police Reforms Committee (PRC) constituted by Chief Justice of Pakistan Mian Saqib Nisar has emphasised the need to redress public complaints against police as highest priority.

The Law and Justice Commission of Pakistan, chaired by CJP Nisar, is going to launch the PRC report today (Monday). The committee was working on three broad areas of its terms of reference (ToRs), including model police law, accountability and operational matters and legislative reforms.

The first question that came before the PRC was the constitutionality of police law in Pakistan. A brief survey of constitutional aspects of police law in the country was carried out. The record shows that since 1947, the federal nature and the role of federation in dispensing criminal justice has been constitutionally protected, according to the executive summary of the PRC report available with The Express Tribune.
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The summary says after the 18th Constitutional Amendment, the propensity of the provincial governments to control police led to multiplicity of provincial police laws without appreciating the jurisprudence expounded by the Supreme Court and without taking into account the importance of fair and effective enforcement of fundamental rights of the people as guaranteed in the Constitution.

At the moment, the four provinces have introduced separate police laws in disregard to Articles 142 and 143 of the Constitution, it says.

Also the PRC, after examining the Police Order 2002, has ensured it provides the requisite uniformity and standardisation of its institutional structures. The PRC believes there are some areas that need compatibility with latest constitutional and legal developments.

The second thematic area identified in the ToRs is accountability and operational matters, which is further itemised into internal and external accountability, improving the quality of investigations, revamping of urban policing organisational structure, alternate dispute resolution (ADR) and diagnosing weak areas in the anti-terrorism legal regime in Pakistan.

In so far as the accountability mechanisms are concerned, the PRC is of the view that public complaints against the police require to be addressed as the highest priority if meaningful reforms in the criminal justice system are to be achieved.

The PRC says there is a need to have an internal accountability mechanism at the central police office to deal with complaints against the department. Punjab has established a Discipline and Inspections Branch headed by an officer of the rank of additional IGP.

Conversely, for external accountability mechanisms, the PRC recommends establishment of Police Complaints Authorities as provided in the Police Order, 2002 (Articles 103-108). These authorities will deal with complaints of neglect, excess or misconduct against police officers.

The complaints of ordinary nature may be referred to the heads of police concerned. However, complaints of serious nature, like death, rape or serious injury to any person in police custody may be referred to the chief justice of high court for inquiry through a district and sessions judge (D&SJ).

The PRC is of the view that the investigation side needs major up-gradation to win public confidence. In this regard the committee recommends organisational revamping and giving investigation its due place within operations. As investigation is not a key priority area for rank and file in the police organisations, the whole unit needs to be geared towards according due priority to this vital responsibility.

Poor quality of investigation being also a major concern of the judiciary needs urgent remedial measures. In order to bring about a substantial qualitative improvement in the state of affairs relating to investigation, the PRC recommends introduction of the concept of investigation teams and appointment of best officers as investigators.

Taking into consideration the principles contained in the Alternate Dispute Resolution Act, 2017, the PRC is of the view the police can play an effective role in settlement of disputes in petty criminal cases, and therefore, the act may either be extended to the whole country or the provinces may legislate their own laws on the same lines.

The third thematic area relates to policing-related amendments in laws like CrPC, evidence law, ATA etc., the PRC has recommended appropriate changes therein.

The PRC has also pointed out that a relationship between the law making and available budget or resources is missing. Excessive legislation was introduced without allocating resources for implementation. Resultantly, there are more new laws with no resources, hence eroding the trust of citizens in the government’s ability to deliver on rights and the constitutional dispensation.

Furthermore, the committee believes that work on improving services is a continuing effort that needs persistent institutional ownership as well as trust by the courts and the public at large. The PRC shall be looking forward to assist the Supreme Court of Pakistan in its effort to implement the fundamental rights of the citizens of Pakistan.

Source: The Express Tribune