87TH National Management Course

Individual Research Paper

By

Mr. Meer Mohamed PariharDMG

Sponsor DS : Shafique Hussain Bokhari

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TABLE OF CONTENTS

Sr. No.

TopicPage No.

01. Statement of Problem

02. Introduction

03. What is Community Policing

04. History of Community Policing

05. Best Community Policing in the world

5.1 United Kingdom

5.2 United States of America

5.3 Neither Land

5.4 Japan

06. Policing in sub continent till Mughal era

07. Community Policing in sub continent during British Regime

08. Community Policing in India

09. Community Policing in Pakistan

10. Devolution Plan 2000

10.1 Police Order 2002

11. Conclusion / Recommendations

12. Bibliography

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INTRODUCTION

It has been the desire of human being, to pass live with sense of security—the

security of life, property and honor---This urge compelled every member of a clan and tribe,

even in stone age to nominate one or group of the members from amongst them to regulate

their affairs, ensure peace, and to reprimand or punish those who violate code of conduct.

Protection from outsiders was also their responsibility. However, with transformation of

society from pastoral to feudalism and emergence of concept of statehood, separate force was

created to protect or expand the boundaries. But for community policing, the people

belonging to that community, tribe or town continued to select from among them or

appointed by the king or his nominee to perform duties of policing. Those who were selected

by the king were either paid or rewarded with other favors such as Jagirs or part of taxes

recovery. However the nominees of the community used to perform duties without

remuneration or the community used to contribute for their livelihood.

The Community Policing; which nurtured and matured in United Kingdom was

replicated by United States to a great extent. Some of the European countries specially

Netherlands adopted many provisions of the British Policing system which suited to their

conditions. A success story in Japan have passed through many stages of trials and tests. This

is not say that policing in other European countries is repressive and people look at police

with contempt. In France, where police is otherwise harsh in handling crime situation, but it

is as courtsios as any other police of the western European Countries, even Eastern European

countries, after end of communist era, are on the path of involving community in the affairs

of policing.

STATEMENT OF PROBLEM

The success of Government is perceived, among other actions on peace and harmony

in the country to create and environment where the citizens feel safe and secure. Crime

remains under control efficient police with focus on detection and prevention of crime many

countries in world – Eastern Europe, even our neigbour country India initiated experiment of

community policing in big cities.

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Pakistan unfortunately is passing through the phase, where writ of law is under

challenge. Failure of police to control petty crime, let alone heinous or acts terrorism is the

root cause of widening of gap between Govt. and the citizens. In modern era where peoples

living in remotest places have access to electronic media, control on crime without respecting

and earning confidence of the community by police is a difficult task. Hence in my study

Pakistan is the focus.

The governments’ since societies have had constituted commissions and committees

to examine the causes of police abuses, rise in crime rate, public hatred for Police, study best

police practices in the world, make recommendations and suggest measures to address the

issue.

In most of the studies, stress was as elimination of District Magistrate in Police

matters additional Police force, availability of vehicles, equipments, weapons training,

raising elite forces increase of budget, and curbing political influence would bring drastic

change improvement in the behaviour of police culminated in introduction of Police order

2002. In which the Public Safety commission, on Japanese model have been incorporated in

order to achieve ultimate object of community policing.

But ground realities suggests that things are not moving in right directions, police is

as brutal and oppressive as it was few years ago rather it has fallen a tool in the hands of

their mentors and promoters.

The challenge for the Govt. is how to change mindset of police, make it subservient

to citizens, the real stake holders, rather then bowing to power wielders.

This study has been carried out in this backdrop. It has been divided in chapters and sub

chapters, starting with understanding the concept of community policing followed by history

of policing, Community policing practices in UK, Netherlands, USA and Japan. Before

coming to prospects of success of community policing in Pakistan, history of community

policing in subcontinent, before and during British regime. Cursory look at emerging trend of

community policing in community policy in some European Countries and India policing in

Pakistan and finally Conclusion and recommendations.

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BIBLIOGRAPHY

Paul G. Hane – Police and People – A comparison of five countries

MAK Chaudhry – Policing in Pakistan

Jack L. Kuy Kenoall, Peter C. UNINER – Community Police Administration

Brain Chairman – Police State

J. C. Cuddy – the Indian Police

National Police Agency – The Police of Japan

Sir Richard Barrett – Review of Aspects of Policing in Pakistan

Syndicate Research Paper – Police Reforms; Emerging Issues and Challenges

N.A Rizvi – Our Police Heritage

Encyclopedia Brattice

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What is community Policing

“Man is social animal and needs to associates with other human beings. As man evolved and

framed societies he also evolved customs that were designed to assure peace among the

members of society”.

The term “Police” from which term Policing is derive of connotes a civic organization

responsible for the protection of and detection of crime and semantically is of Greek origin,

from the word Polis meaning city. The word adopted in English language in eighteenth and

was first used in the designation commissioners of Police appointed for Scotland in 1714.1

Generally accepted definition of Police is that they are authorized by a group, community or

society to regulate their inter personal relations within themselves through measures of

interaction, consultation, and at time use of force. The basic philosophy behind community of

policing is that police is not the sole guardians of crime control, ensuring peace and harmony

in the society but community members have to play active role in ensuring safety and

security of the citizens. Involvement of community members in policing not only help in

highlighting problems, showing their concern but get timely knowledge of the issues and

attend quickly with help of community.

It is seeks to empower the community by involving it in every consultation process, such as

determing the policing needs of the forms of police intervention. Policing, thus can be difined

a peoples use of force against itself, an arrangement necessary but conceptually un-defined.2

1 Encyclopedia Britica 2

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It took centuries, for a man to transform himself from simple clan to monolithic structures of

hunter-gatherers societies to extended pastoral tribe. When he learnt to grow crops be

changed eating habits. The tribes, therefore, moved in search of arable lands and settled

where he found suitable land for growing of crops. The urge for getting hold of better and

more land within the tribe and desire for expansion of boundaries; resulted into inter tribe

disputes and intra tribe quarrels. The citizens, for safety and to ensure harmony, wanted a

system in which they could resolve internal disputes and enjoy peaceful life; and to achieve

that object, they selected from among themselves to regulate their inter-personal relations

protection from external threats was also the responsibility of that group of persons. “The

system of policing thus existed for centuries in tribes and communities, developing in form

as these societies wended their way to state-hood.” 3

“The community policing or policing progressed in the backdrop of the social,

cultural and ethical values, political system and economic conditions of that society what is

now called state. The Mesopotamian, Egyptian, formalize methods of community policing.

Similarly the Arabs and Romans prepare codes and law to regulate party. In post Roman era

the country had _________ protection principle and _____________ a concept that require

every dole-bodies man to help in apprehension of officials. ________________ would be

required to made _____ or ___________________________________. (see page 4). ancient

societies two distinct law enforcement patterns emerged: Centralized and decentralized. In

china, Egypt and Rome, law enforcement centralized,”.

The British is called the “mother” of Community policing but there is no a denying the fact

that it is she where the concept of modern community policing evolved. Most of the western

3 Encyclopedia Britannica

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countries have adopted British community policing system: with modifications in view their

customs, social structure, and governance pattern.

The Japanese also borrowed many ideas of community policing from British.

BEST PRACTICES OF COMMUNITY POLICING

United Kingdom

‘The (British) police as being distinctive but... related to the people whom they serve

by ties of intimate personal association which are not to be found in any other country in the

world. The policeman in London is not merely a guardian of peace; he is an integral part of

its social life. In many a back street and slum he not merely stands for law and order; he is

the trusted handyman of our streets, the best friend of a mass of people who have no other

counselor or protector’4 (17 of pap).

British Police system, as stands today, is the outcome of centuries old customs and

procedures adopted: practiced, modified, or replaced in the backdrop for variety of reasons

and transformation of society from feudalism to industrialization. “The functions delegated to

the English police in the nineteenth century were developed over a period of more then 1500

years. Prior to (that) these functions has not been delegated to full-time, separately organized

force or bureaucratic institution. There was strong opposition from political parties to a

proposal of raising paid police for London and elsewhere in Britain for fear of Repression

and Threat to democracy” 5(PAP 9).

The concept of ‘collective responsibility’ introduced by British Govt. in sub-continent is still

prevalent in tribal areas of NWFP and Balochistan wasthe extension of its community

policing system in vogue in the early Anglo-Saxon and Norman systems of policing in which 4 Paul G. Shane – Police and People – A corporation of five countries. 5 Ibid.

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the people living in the community were held responsible for each other for acts and

omission of their follow country. This was the mutual system; under which the community

pledged to maintain order and public peace.

In the north and west of Medieval England there were the “sergeants” of peace and in the rest

of the country the “frankpledge was based on the assumption that law enforcement and

keeping of the peace were communal jobs have responsibility of all the able-bodied man of

the community. “The persons responsible for ‘administrative functions’ of the government

such as ‘tax collection, law enforcement, judicial functions’ and other public tasks assigned

by the Crown that called as” ‘sheriff (shire[county]reeve) he was agent of the Crown. And he

had jurisdiction that transcended feudal boundaries, although it cannot be denied that the

sheriff also had strong ties to the feudal world of which he was a part. This was the

beginning of a national administrative system of which policing was a part (10-d PAP).

However with the passage of time and due to nature of functions, constable and the

sergeant of the peace parted their way and peace process of separate organization started.

Finally, the fourteenth century witnessed the separation of judicial and law enforcement roles

“this is seen in the partnership of parish constable and the justice of peace” This arrangement

continued for next 500 years till early nineteenth century when the reform movement

changed the policing system and modern concept of police force was introduced.

In 1820s Metropolitan police was created through an Act co-authored by Sir Robert

Peel and Sir Charles Rowan. They were appointed co-commissioners, their concept was that

‘benevolent prevention is more social control than repression’ (14 pap). Their concept of

police was based on the “philosophy” that strength of the police should come from a ‘moral

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position’ and not from strength of ‘firepower’. This concept still hold good in British police

system but since mid 1970s use of gun under certain circumstances has been allowed.

The Amalgamation of independent police forces in the counties into larger groups

was started in 1946-1947 but under the National Police Act of 1967, each county is to

establish a single force. Some independence is still accorded the police in Country

Boroughs, although under the direction of the country police authority. An example of the

current organization of British police forces is that of Cheshire. (A of 16pap). The beauty of

working of the British police is that the Chief Constable is responsible for operation of Force

but generally he does not work under Police authority’s directions despite the fact that he is

directly accountable to them. The Police Act places the responsibility for providing an

efficient Police service on a Police Authority drawn from elected representatives of Cheshire

Country Council and the Country Boroughs in Cheshire. They are supplemented by

Magistrates representing the Cheshire Court of Quarter Session and Magistrates from the

constituent Country Boroughs. (B of 16pap)

The police force outside London Metropolitan jurisdiction is organized and run by the

county but the central government wields “substantial influence” through financial support

and legal authority of Home office.

The functions of the British police are to ‘keep the peace and assistance to people

who need help with emphasis maintenance law and order, investigation of crime and its

prevention, and traffic control. The maintenance of law and order is the specific

responsibility of the mayor of each municipality, assisted by the national or municipal police

assigned to that jurisdiction.

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POLICING IN NETHERLANDS

The modern police system of the Netherlands is the product of diverse historic elements.

‘There are native Dutch elements, French accretions, English and Spanish influences and the

influences of several wars and major social changes’ (123-aPap).

Prior to French take over of Netherlands 1795 the policing in Netherlands was similar

to the British. The functions of Police in urban and rural areas were identical despite their

titles being different e.g. (add 123-B P&P). These officials were entrusted the responsibilities

to perform functions of executive, judicial and law enforcement. But after invasion of

Netherlands in 1795 by France concept of paid police force emerged ‘The force was

organized similarly to that in France. It was under central government direction and control.

Under the central organization there were provincial directors of police. Preventive and

repressive aspects of law enforcement were theoretically separated (123c pap).

Since new arrangements did not work hence in 1801, the post of Sheriff (SCHAT) was

reestablished but without any judiciary authority. After few years the mayors were made

executive authority after withdrawal of French rule in 1813. and restoration of Dutch empire.

The organization of Netherlands police went many changes between 1801 till 1957 when last

organization of police took place. ‘All police forces are under national regulations, so there is

uniformity with regard to rank, salary, uniforms, qualifications, training, examinations, and

other such details. Costs for police are also paid for by the central government, directly in

the cases where there are national police and through subsidies the municipalities for the

municipal police. The strength of the forces is also set by government regulation through the

Ministry of Interior.’ (125 a pap). But after police performs, enforcement of law is the

responsibility Ministry of Justice through the attorney general and regional attorneys general

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for all police forces. Administration in the hands of the local authorities, answerable to the

Ministries of Justice and Interior. Peace and order is the responsibility of the local authorities,

except under certain conditions when they are under the Ministry of Interior. Internal

organization of municipal police forces is determined by the local chief of police, who is

nominated by the Crown under approval of the Ministries of Justice and Interior.’ (125 b

PAP).

The size of municipalities varies keeping in view population of that municipality mayor is

responsible for the maintenance of public peace and order within the municipality. “The chief

of municipal police is called “hoofdcommisaris”. He is accountable to the Mayor for

administrative and ‘peace-and-order’ aspects of the law enforcement. Reportedly on the

aspect to the Ministry of Justice. Despite the fact that Mayor holds supervisory role over the

police but the police chief enjoys autonomy in the performance of duties. Neither the mayor

nor the local council, which allocate budget for police, can influence or intervene in the

police functions.

POLICING IN UNITED STATES

Policing in the United States formally took place in seventeenth century. Since pioneers were

migratory from United Kingdom, hence British pattern of policing was followed. But in the

areas dominated by German, French, and Spanish settlers, policing pattern resembling to

their home country was adopted. The institution of sheriffs in rural areas and many counties

of United States is the remnant of British policing. The people always resisted Government’s

attempt to assume any major policing powers for fear of tyranny.

Since settlers in United States came from different countries with diversity of culture, race,

language and classed commitment of localism and self defence was very strong. The

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residents resisted organized police and it took years to install police. Thereafter Boston

Police was organized on the same pattern. This model was adopted in other urban areas of

the country.

The organizers of American police literally followed British models, and like British Police it

was un armed police. But with the diversified nature of the society and other social forces,

revolvers were added to the uniform of the New York police in 1858 in the aftermath of

major rioting. In the 1880s the police of Boston was made armed. This was a virtually

complete change from unarmed to armed police throughout the nation’s urban areas. Rural

police traditionally had been armed, as had much of the population. (154a PAP)”.

The responsibly for policing is placed in the executive or administrative branches of the

government; but “the primary responsibility for day-to-day civil police operations lies

almost entirely with local government. Although the state and federal governments exert

pressure on local police operations through legislation and supplemental funding, local

governments for the most part control their own agencies. (156 PAP) 18. There are, however,

specialized police agencies at every level of government in the country, generally without

coordination and at times with overlapping jurisdictions.

Since policing is the prerogative of local government throughout the United States. Hence

large police forces are local and primarily urban. In many rural countries the police is too

small, localized, poorly equipped and not properly trained. The tenure of Police is not more

than the year at a time.

With the passage of time the police and their allies demanded and received greater job

security, freedom from political pressure and professional status. ‘By the 1920s one-year

status, political appointments, and inadequate uniforms were generally gone. Most urban

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police were fully civil service tuned and wore distinctive uniforms provided by their forces.’

(155b pap).

POLICING IN SUB-CONTINENT

The traces of policing in ancient India, are found in the days of Manu regime when “the chief

duty of a king, according to these laws, was to restrain violence and punish evildoers. He has

to keep up patrols and what we should now call police stations or fixed posts, and also many

spies”…… (19A of TIP). But to community policing is traced back in norther part of sub-

continent between 600 BC and 326 BC. In the readings Jat alas in the farm “Self Governing

villages”. However, Kautilya was the first Indian “Michavelli” who advised the King to

organize regular police. He also emphasized different categories of ‘Spies” to control

activities of the subjects from same profession. He such as agriculturalist, to detect crimes

among the rural populations, merchants, to spy on the industrial and commercial community.

He also proposed a a class of spies who can read mind of people.

Thereafter there is no trace of any definite policing arrangement during rule of Maurayas and

their immediate success as the king Chundar Gupta would handle criminal not with seniority

but never in cruel manner.

The rule of Ashoka was an era of piety, peace and tolerance. This could be for reason that

crime might have declined and need was not felt to maintain a system of policing.

Then traces of community policing are focused during Sher Shah Sori rule when he policing

was not regarded as the concern of the State alone but it has to take the people in confidence

and make them to take an active part in the maintenance of peace. The so after readings of

Jatabas and find traces of community policing institution of village was recognized (add 17 a

OPI).

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The Mugal formalized institution of policing by apposing Kotwals in capital cities and big

town and Faujdar for rural areas. The Faujdar in addition to revenue collection, is was also

responsible for maintenance of peace, control on crime and keep watch on ‘rebellious

chiefs’… safety on highways. Under hims were Thanadars, in charge of posts, whose name

survives to this day, to denote the officer in charge of a thana, or police station. His status

was that of ‘petto of the Faujdars, with no authority to investigate or carryout on any of the

many routine duties of the present-day thanadars.

We find community policing in rural India during Mughal period when commission ordinary

crime was the responsibility of the local people, but for that no stipend was paid by the Govt.

The Mughals did not disturb indigenous policing system as far they paid revenue and

maintained peace.

In Mogul policing system Kotwal was a prominent and important figure. The Kotwal

was responsible for city policing of capital city and big towns. He was considered man of

confidence of the King his ear and eyes ---He was the…. “chief of the city police, and to this

day in many cities in northern India the Indian officer in charge of the city police is called the

Kotwal and his headquarters the kotwali”. (21cTIP)…… Subhedars in charge of provinces,

faujdars and deshmukhs in charge of subdivisions of provinces these powers. Zemindars of

tax farmers were responsible for crime. Village headmen were revenue and police officials

and had magisterial power”. (22a TIP).

Policing during British era

After downfall of Moghul Empire, their police system also started disappearing. But the

Britisher allowed this system to continue wherever it was running smoothly, public was

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contented and crime was under control, very little changes were make but keeping in view

local values and customs.

The British are gave priority to their trade and political interest. Crime handling was

considered a local issue. This being the reason that no disciplined uniformed Police was

raised. Irregular Police keeping in view the local situation and condition was organized but in

loose form.

When crime situation went out of control and local Zamindars failed to control or extend

support in curbing the crime it was decided to disband irregular forces. Zemindars and others

who had hitherto maintained thanadars and police establishments were required to disband

them forthwith and entertain them no more. Magistrates of districts were ordered to divide

them into police jurisdictions, each to be in charge of a darogaha, or supervising officer,

with appropriate establishment. These darogahas were to be appointed by the magistrate, but

they could only be dismissed by the Governor General in Council”. (26a TIP).

Despite strengthening the post of Darogha crime did not decline. Hence again reversion to

old village police system, (community policing) village watchmen, mostly hereditary, under

the direction of village head..

The Britisher Tried different types of policing in various provinces: Introduction of new

system reversion or again back to new system or mix of both systems till mid of nineteenth

century when Sir Charles Napier conquered Sind “the Unhappy Valley” in 1843 and

introduced policing system on the model of Irish Constabulary a semi-militarized armed

force rather then on the pattern of London Metropolitan Police. The British Court

constabulary as the outcome of Peace Preservation Act 1814 but true beginning of Irish

constabulary is marked with enactment of Act, 1822. The main object of creating a

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disciplined force was to crush Irish separate uprising). The Primary object was maintenance

of law and order. The masses of the sub-continent are still suffering from repressive system

of policing introduced by him. The common man of Pakistan shall never Pardon Sir Charles

Napier. The foundation of the Police, he laid resulted in emergence of a police as a symbol of

terror and to serve and please the masters--- the legacy still hunting millions of helpless and

law abiding citizens in our society.

Sir George Clerk, Governor of Bombay, who visited Sind in 1847, was so much impressed

of policing in Sind that he decided to reorganize Bombay police on those lines.. “In 1853 a

Superintendent.

This was followed by Madras, Oudh and in some parts of India where police was

organized on Sind model, with minor modifications. The agents of the Crown in India,

having seen success of new police system, wherever it was replicated, felt need of organized

and. disciplined police force. Hence, on the basis of recommendations of the commission,

Police Act (Act V) was enacted in March 1861. This Act was extended to whole of British

India except some parts of NWFP and Balochistan and belts of public department bordering

Balochistan where the local refused to replace old ‘Barqandzai’ police or semi-military

irregular forces system of policing with new constabulary and also some parts of India and

even Bombay.

The concept of community Policing..

Policing in Japan

The history of Japanese policing, a role model for Police reforms 2002, dates back to Taika

Reforms of 794 AD when police acquired independent status. Prior to that police used to

work under Ministers of Justice and Popular affairs. Under these reforms, a group of five

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households were make responsible for maintenance of peace and order. The functions of

supervision and performance of groups were assigned to the village head. Army used to be

called only when Villagers failed to control situation--- This arrangement was very close to

community policing then, the family group law enforcement was replaced by (go-no-na-sei)

central social agency system.

During Tokugawa Shogurate leadership magistrate (machi-bugyo) was appointed in

each city. Acting as chief of police, the prosecutor and judge. They in town hired lower status

individuals (criminals and out casts) to do the dirty work of policing work including

interrogation and punishments. A secret police (metsuke) was also developed to keep

surveillance. Japanese had also developed watch posts to keep people controlled. These posts

were the predecessors of today’s koban (police box) police. Tokugawa era police was not

uniformed or under standardized code of criminal procedure, they were there to simply catch

the criminals and punish them. Social control was left to informal surveillance and deterrence

as the responsibility for the individual citizen’s behavior.

During Meiji regime it was when Tokyo faced lawlessness and the magistrate

became powerless and helpless; decision was taken to reorganize Police. And on the

recommendations of Kawaji, Toshiyoshi, it was decided that police shall be a national

organization under home ministry;

1. Police function should include both judicial and administrative activities to be

administered by separate agencies;

2. Police should be armed and prepared to handle emergencies without the help of

army;

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3. Supervision of the local police functions should be responsibility of prefectural

governor; and

COMMUNITY

Police substations and police boxes were established in 1876 bringing the police into

the increasing contact with people. Between the years 1885-1891 a system of residential

police boxes – chuzaisho and koban was established. Public Service Examination system to

select police personnel was introduced. The TOKO (Special Police Force) was introduced in

1911 in Tokyo to maintain state political authority and became involved in the surveillance

and meetings of the organizations, in censorship of books and papers and in election control.

World War II and after enactment Police Act 1948: the Police functions were

curtailed on the recommendations of American experts important rather first step toward

community policing has taken by to decentralizing police. Each town or village having

population of 500 had its own Police organization Municipal Police. Rural police force,

organized by each prefectural. Public Safety Commission composed of citizen were

constituted at Municipal and Rural (prefectural) level.

In Reform Police Law of 1954 police was placed under National Public Safety

Commission.

Japanese police HAS gain OF their legitimacy from some of the basic characteristics

of Japanese culture it is Police is conceived as a position of high respect. Because they

behave like public servants and performing desired service instead of being viewed as

repressive and agency of control. Police role is viewed as moral force whose role and its

performance are in keeping with the society’s central values.

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In essence, police visible in the community without causing any threat, To maintain

good police-community relations, the members of chuzaisho police perpetual or rural police

live in the village and are required to visit each household twice a year. The purpose of such

visits is to know every member of the family and acquaint with neighborhood views and

problems that might occur.

Koban maintains police post in the urban area and functions the same way as his rural

counterpart chusai-san. Police boxes (similar to those of storefronts in the United States) are

found at every few blocks to assist citizens. In addition to police box duty the officer also

provides counseling to troubled individuals, marriage and divorce counseling, money

management counseling and parents of the troubled children advising or alcohol addicts. He

is also responsible to organize neighborhood crime control and traffic safety groups and to

maintain good police-community relations. Volunteer crime control organizations are also

quite visible throughout Japan. Japanese police travel an extra mile to build a good rapport

between us and them. Japanese police seek acceptance to social values rather than their

counterpart U.S. police who seek simple compliance to community’s moral values.

Police in Japan had adopted a proactive attitude toward its people. On one hand, the

police show their concern for the welfare of the people on the other hand, they take proper

precautions to prevent any mishaps and take stern action for criminal activity. Japanese feel

that the peculiar Japanese police culture is one of the main contributing factors to the low

crime rate in Japan. They also believe that the close relationship between police and public

contributes to social harmony and good neighborhood relations. It is known as friendly and

efficient force in the modern world.

POLICING IN PAKISTAN

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Police in Pakistan for variety of reasons has remained alerted from the public. But it has

perceived an image of arrogant brutal and cruel force in the city eyes of public at large

agreed of the ruling class in strengthening their political, economic and take a group intents.

It is considered friend of criminals and foe of law obeying citizens. A trigger happy to shot

or arrest any number of people to show an efficient and competent police in the

parliamentarian and give desired results and pursue sincerely even if has to violent sanctity

of parliaments and courts even do not hesitate with grapple with judges of supreme court

what to talk about attitude to common man.

In perusing the agenda for fact promotion, getting cash rewards and medals, posting of

choice, and is may cases for the desire of his benefactors and even under monetary

consideration bill innocent people or criminals in take encounters by applying third degree

force methods during custody.

The Policing Pakistan inherited had groomed under the provision of Police Act 1961 which

was adopted on the pattern of Irish constabulary Act 1822 of which main object was to crush

Irish separate uprising. In that more stress is on mature of law and order. This is why un-like

following London Metropolitan Police Module, where and which following policing through

consensus of citizens.

The Britisher was no able to extend the rule in India for further period of 86 years. But the

legacy key left behind instead of mending for ways and becoming sub-servant to the citizens

of Pakistan, it has developed, face of brutal, repressive and more loyal for master. A force

everyday to go beyond below level of morality and ethics to please the master. Why the

citizens of Pakistan look at police with contempt and hatred. There could be scores of reasons

but main are as under:-

1. THANA CULTURE:

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The police-legacy left by the British to sub-continent Indo-Pak police include:

i. Structure of the Police Station;

ii. Proper police-role’ as stereotyped police duties.

Thana culture is a typical phrase that represents police power or authority and gives

citizens a special message of police hatred-ness, police-discretion and a place where coercion

to take confession from the innocent or the guilty alike is obviously visible or felt, the

building structure, the thanedar, the personnel and even the visitors leave a particular

impression of repression and oppression. By analyzing “thana culture, one can positively

conclude that there is no place for the public in general or the poor in particular to have to do

with police. “Thana-culture” negates community policing concepts and discourages the

community involvement with police. A Thana-culture can best be prescribed in terms of:

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A. Environment:

1. Physical structure of building layout and equipments : Since the darogha system

was introduced in India, the thanedari system represented the pinnacle of police

authority known till today. The buildings were constructed on or near the

highways, visible to all with distinction of a long walk-way, directly leading to

the darogh office, lock-ups to be seen on both side of the walk-way where poor

suspects are locked up, visible to all entering the main corridor where darogha

could be seen indolent and remote, horrifying the visitor(s), with an adjacent

office of the muhharrar (record-keeper). Around the office of the thanedar, other

offices are located to conduct investigation, usually, through the use of third-

degree. One could, upon his entrance, easily hear the crying of the suspects under

investigation. The whole scene can be seen or felt as a horrifying stage. Citizens

(respectable or otherwise) could not feel comfortable or un-embarrassed when

visiting the thana for any purpose. Present thanas represent the century old

structure of tyranny and the powerful.

2. General appearance of police personnel and spoken dialect

inside the thana are seen as the representatives of oppression, in uniform, usually

an unbuttoned shirt, loosely hanging pent with un-buckled leather belt, running in

and around the thanedar’s office with few files and paper sheets in their hands,

yelling and screaming on each other or at the people who have been called upon

to pay official visit to the police station. The muhharrar is heard in roaring voice

asking the purpose of the visit to who-ever enters his office. The language or

dialect, they use represent an un-civilized and un-educated slogans of abusive

tone.

23

3. Thanedar’s office and his personal appearance represents an image of a feudal

lord or a king of small sultanat. His

wrestler type look with long or thick mustache and a cigar or pipe, puffing

smoke out of his mouth is good enough to scare a gentleman. Not moving an inch

out of his dominating chair, pays due respect to no one, cares for nothing, simply

asks what have you brought in or how much you will be leaving behind

(gratification) as a favor? Deal for the graft has already been cut, either by the

muhharrar, a tout, or another police officer involved in the matter before one’s

meeting with thanedar. Muhharrar does not move a bit without his boss’

approval. Neither initial report nor the FIR like documents can be entertained

without his approval or say into it.

4. Muharrar of the Thana, records, interior of the office, equipments & his public

dealing represents arrogance with leading sentences and without listening to the

whole story of the complainant. He has already manufactured what he was going

to write into his roze-namcha (daily diary). Muhharrar’s attitude of negating the

complainant version gives one a message of non-cooperation and zero outcome of

the report. People visiting police station with high hopes of entertainment of

grievances feel disappointments at the hands of muhharrar till they offer some sort

of graft or even entertainment at the first stage. On the hole, thanedar and the

muhharrar with their arrogance are the anti-PC-R program representatives.

5. Third degree method of investigation inside thana or at the private torture cells .

Not to mention that Pakistani police officials are quite intelligent and are capable

of finding truth out of even hard core suspects, they instead of using technical

methods to get the truth out of the suspect(s), use of third degree is applied to

begin with. Then the confession is obtained through the use of force or threat of

24

force to record confession, ultimately to be proven coerced confession in court.

Police’s macho attitude is also anti-community policing factor.

6. Investigative cells; Police detectives are provided investigation rooms adjacent to

the S.H.O’s office. Suspects of many crimes are interrogated quite harshly and in

loud harassing voices. Third degree method is applied to obtain confession from

many innocent citizens. Respectables are humiliated by ill-trained and ill-

educated dehaties (village) cops. Ill-mannered treatment leaves bad impression on

the visitors and presents a sickening atmosphere in and around the police station.

People do not want to be called in the police station, because there they feel

isolated, helpless and vulnerable to police pressure for confession or indentured

release. Investigation rooms, again represent police repression and extortion

susceptible atmosphere. Also such places are used to negotiate corruptive deals in

the open.

7. Location of the lock-ups and their residents;

Police lock-ups or temporary holding cells are usually constructed in rows on both sides

of the pathway to the S.H.O’s office. These hold-ups represent the run-down condition of

the building in general and inhumane treatment to the suspects. Remember! Every body

is innocent till proven guilty in court of law and therefore every suspect deserves humane

treatment while in custody. But, because police philosophy is, “every body is guilty till

proven innocent in court of law”, police therefore treats every suspect as bona-fide

perpetrator and provides with worst boarding and lodging conditions. These lock-ups are

filthy, under-equipped, and overcrowded cells to hold few but kept many for

undetermined periods of time. Some are being held even for no charges framed.

25

8. Initial reports and delayed F.I.Rs.;

Generally speaking, when some one walks into the muhharrar’s office with complaint to

file, he or she is asked to wait outside for hours and hours. One has to be lucky to be

called in sooner than expected by the available muhharrar. Most of the time, desk clerk

(muhharrar) refuses or makes excuses to take down the report. In actuality he is buying

time for extortion. The sooner the complainant comes up with some offer, the earlier the

muhharrar becomes activated to grab his complaint register and starts writing in set aside

mode of report writing. Depending upon the size of the deal or graft, or the nature of the

offense or the degree of the influence, the muhharrar forwards the case to the

investigator, who in turn, decides conditionally to pay visit to the cite of the crime or the

parties involved to conduct interrogation and investigation. Most of the time, the

investigator gathers irrelevant facts or invalid evidence and rounds up non-reliable

witnesses to prepare F.I.R. for prosecution. Depending upon the weight of the graft for

police investigator-prosecutor and the judge, the decision is rendered in guilty verdict or

not-guilty verdict or even nolo-contender as final judgment. FIR’s are usually delayed

waiting for the reports (forensic) to be in or follow-up investigation before the case is

prepared for prosecution. Public needs to be educated for these genuine delays.

1. Un-ethical political practices to induct less qualified and unfitting characters

to the police force;

2. Police corruption antagonized the common man from reaching the police and

asking for justice;

3. “Thana muharrar (clerk) and investigators’ usual refusal to take down the

report and conduct preliminary investigation without offerings by the victims

(complainants);

26

4. Thana oficials’ usual practice to ask the complainants to visit police station

time and over;

5. Lack of prosecutorial independent investigation or prosecutor’s dependency

upon police case preparation resulting poor outcome in cases thus police

become blameworthy for corruption;

6. Third degree method of investigation had stigmatized police as corrupt and

brutal;

7. Fare Police encounters had scared people to come into contact with police

even for justifiable police help;

In this backdrop let us see if Police Order 2002 address to the apprehension and leading to

tours community policing if so, then what are ground realties. The writers of Police Order

2002, were alive to this state of apathy. But they attributed this malady of duality of

command specially at district level, insufficient infrastructure less force etc. hence more

stress for was excluding role of district magistrate. At the same time proposed a check on

police through safety commission and police complaint authority.

After five year replacement of Police Act 1861 with Police Order 2002 no remarkable change

and move towards community policing is seen. Rather the police is emerging a force of rural,

urban lords and their proxies.

What are the Reasons

“In community policing, community institutions such as families, schools,

neighborhood associations, and merchant groups are seen as key partners to the police

in the creation of safe, secure communities. Community policing acknowledges that

police cannot succeed in achieving their basic goals without both the operational

27

assistance and political support of the community….In community policing the

community’s views….about what constitutes a serious problem count. So do their

views about what would be an appropriate police response.”

Even Sir Robert Peel’s appointed commissioners Charles Rowan and Richard Mayne

had emphasized that police should work in cooperation with the people and that members of

the office (police) should protect the rights, serve the needs, and earn the trust of the

population they policed (Critchley, 1967).

Success of community-police relations requires a “people’s police” attitude. Rank-

and-file officers need to recognize that the police are a service-oriented organization

dedicated to keeping the peace, defending the rights of the people, and enforcing the laws.

The concept simply means:

1. Reviving the ideas of “the people’s police”;

2. A more reasoned basis for police work – to deal with complex problems in a

more complex way rather than just to follow the letter of law. Instead they

should use more discretionary power in a positive way (Bittner, 1970);

3. A deeper, more comprehensive interest in human life – police are both entitled

and required to take an interest in and help to resolve human problems;

4. An acceptance of the view that “relations” is a process not a production, It

requires mutual respect and mutual exchange and cannot be

compartmentalized if it is to be effective.

28

Chapter Seven:

The Main Initiatives and Prominent Suggestions on Community Policing

Police agencies are part of several systems and are also a system within a system. A

police officer is a part of a family system and the police agency system. Police help to shape

the system in which they participate, and they are shaped by them. Each of these systems is,

in effect a community with which the police must relate. Community is a group of people

sharing common boundaries, such as common goals, needs, interests, and or geographical

location. The task of police-community relations appears more complex as each community

is considered. “A positive relationship must be formed if effective community relation is to

be accomplished (Fischer, 1981)”.

Since long, the public has been viewing police as inept, uneducated and corrupt

political puppets or as tough guys with little compassion. Media had been supporting to these

effects. Police officers were expected to be a combination of lawyer, psychologist, soldier,

social worker and everything that soothes the grieved ones. But police profession in general

has promoted mistrust, fear, and cynicism while the training aspect had made police officers

to be suspicious of all, and to assume a role of objectivity and authority over those they

serve, leading toward separation between the police and the policed and police engaging in

fighting criminals on one hand and those who criticize their aggressive role toward criminals

on the other hand. Crime prevention and education programs by police agencies have

promoted better police-community relations. But it is only possible when every police officer

realizes that he or she must take the first step in showing the public that they too are citizens

who wish to assist the public in policing the community. Because the police department’s

capacity to deal with crime depends upon its relationship with the citizenry, no lasting

29

improvement in law enforcement is likely unless police-community relations are

substantially improved. Up until recently, public relations and the police community relations

mean the same thing to police. They never go beyond the activities designed by the

department to make the department look good instead of being good; the two phrases apart

from each other. Government officials, criminologists, politicians, doctors and police high-

ups are of the opinion that with steady awareness of the citizens of their constitutional rights,

the law enforcement methods used to anticipate and prevent disturbance must shift in

emphasis toward community relations and human relations programs. Nothing is new about

law enforcement practices but the concept of law enforcement being actively involved in

programs to reduce general community tensions. Crime prevention and police community

relations are complementary causes and can be reversible ends-and-means. Police are

primarily responsible for enforcing law and only indirectly responsible for resolution of

social problems.

In an article “RE-VISIOING COMMUNITY POLICING” by Ronald T. Stansfield in

Policing in Central and Eastern Europe: Comparing Firsthand Knowledge with Experience

from the West, he had outlined the policing as a differentiated social structure reframing

community policing within the developmental logic of the “Spectrum Policing.” Analyzing

the history, he has revealed three major forms of policing in the modern era:

1. Vigilantes in the Agricultural Era;

2. Public Police in the Industrial Era; and

3. Private Police in the Information Era.

Crisis intervention which is another common name for the special attention currently

focused on the police in their mediation function. Crisis intervention including family crisis,

landlord-tenant encounters, abused children, battered spouses, psychological stress in police

30

work, drug abuse and suicide, rape and mental disorder and consumer protection are the most

frequent requests made to police that place the responding officer in the duel role of enforcer

and helping agent and some times he/she is viewed as bias by one party over the other. Team

policing and alternative patrol strategies in police operations are undergoing study and

experimentation. Actually, the effective delivery of services to the community is the police

goal which is possible only through the closer police-community collaboration. All police

officers on the force are not trained to tackle crisis intervention calls effectively. Police

action in such situations can only be effective if supported by the enactment of domestic

violence legislation empowering the police to intervene close party disputes. Similarly

patrolmen have a unique impact on juvenile’ attitudes. It is important for the police officers

to realize that they are usually the first contact a juvenile has with “the system”. Police

discretion of dealing with juveniles must be focused on the care and protection of the minor.

The philosophy of discretional care and custody of children allows the officers to use a

broader action for the juveniles who are involved in minor violations. When dealing with

children related cases police officers should act as a social worker rather than a strict law

enforcement practitioner. Also when dealing with emotionally disturbed children, police

officers should take necessary care not to discriminate against them that could mentally hurt

them more than they already are. Again police officers should be properly trained to handle

children with special needs.

Police professionalism has been identified as having high incidences of stress and

stress related diseases, causing high divorce rate, more cases of juvenile delinquency in the

family, increased use of drugs and alcohol to get temporary relief. Police officers suspect

everyone else and become almost isolated from fraternity groups, developing an attitude of

viewing every one an enemy and increasing the amount of killer stress. Police administration

31

is suggested to develop and implement programs that could provide ventilation and

resolution of police stress for officers and their families. Regular counseling and guidance

should be provided to keep the police employees free of job stress.

Police ethics include police behavior and “misbehavior” such as corruption,

discrimination, violation of human and civil rights and numerous other police misconduct.

Many police officers condemn fellow police officers for being corrupt, while dismissing

practices of perjury, gratuity accepting, and evidence planting as a necessary part of the

police job. Police malpractice ranging from major offences to minor infractions is considered

to be acceptable and normal police practice. Social and political influences also have

negative or positive affect on police profession. Unethical police practices can be decreased

in increased monitoring of police action by the public as well as more stringent selection and

promotion procedures for police personnel.

Political Policing. Pakistan police is viewed by

public as playing partisan political activities with police department and its officers as the

pawns of political machines and bosses. Police agencies have notoriously been integral to

political spoils systems. Political science experts have successfully argued in favor of police

having a legitimate, respectable, and indispensable political role to play. The tyrannical use

of police by the politicians to forcefully perpetuate themselves has been common and quite

acceptable in the in the history of human maneuvering. Police service is in the realm of

public administration, by its nature political. Therefore, the slogan of the critics “police

should be divorced from politics” is nothing but nonsense. The community is constituted of

citizen taxpayers who vote, attend public hearings, sign petitions, and write editorial letters to

kick up political dust. In this sense, “community relations” is a political policing. In clear

32

sense, the basis of social control is authority that has a moral quality. Politics is a process of

making authoritative decisions that command assent. Power implies force or coercion as it

applies to police as well as to the government (politics) at large. Police must be accountable

to the community, with its moral intelligence to distinguish between corrupting political

pressures and the needs of the larger community. Police leadership must insure that partisan

interests are separated from community priorities. Wilson and Daley (1968) called politics

and policing are integral of each other, and Wilson suggests that to alley police and

community more closely requires ambitious public, political education as an integral part of

problem-solving projects.

PROGRAM IMPLIMENTATION: In order to implement police-community relations

programs, society must be made aware of the attainable goals of law enforcement before

programs are devised that seek either total elimination of disturbance and civil disobedience.

It is important to point out that the degree of police power required for the provision of a

society free from chaotic class difference disorders would be enough to destroy all pretense

of individual liberty. Law enforcement must continue to strive between anarchy (the

complete absence of government and law) and a feeling of total inability to increase

protection of our society. Social problems of any kind are remedied or relieved through

power – political or economical power. To get the cooperation of responsible persons in the

community, the police must show responsible people potential situations. Police should enlist

the cooperation of neighborhood leaders and they should be included at the planning level,

well before the direct appeal, during critical periods are needed.

It is suggested that police department must establish a specialized unit called police-

community relations with three functions; planning, coordination and evaluation. Planning

33

must be closely associated with research, because the lack of systematic research to develop

bodies of data is considered to be a stumbling block to the police achieving true professional

status. Without planning, a police agency is left with two alternatives:

1. the procedures remain the same because they have worked in the past; and

2. to employ a trial and error method of creating change that could be too costly.

In PC-R, the planning identifies the goals of the police agency – exactly what

objectives does the department intend to accomplish by engaging in police-community

relations programs, such as reduction of crime, lessening public tension against police in the

community, developing good relations with juveniles, less fortunate ones, decreasing the case

of brutality of police or aggression against police. Once the short-range or the long-range

goals have been identified, decision should be made as to how much and how many of the

department’s resources will be needed to accomplish desired objectives. Usually, police

departments operate on line-item budget basis leaving little room for lump-sum adjustments,

therefore, requiring the PC-R unit to compromise on the feasible objective rather than an

ideal objective to meet manpower and financial resources.

Coordination in PC-R is another area of sensitivity to be considered by the

administrators. PC-R must be a total department effort rather than a few officers assigned to

the unit. In this regard the PC-R unit can function most effectively as a departmental resource

providing support and encouragement for fellow officers. Coordination efforts have to be

encouraged by the middle management or it can be in vain. The PC-R unit personnel will

maintain two-way communication with middle management as well as their fellow officers to

discuss any merits or demerits of the program and they could assist in training line function

34

personnel during school visitation hours or orientation sessions during the roll call meetings.

In establishing goals and objectives, a plan should be established as a means of measuring the

success or failure of goal achievement. By comparing the before and after results of a

specific objective, some gauge of the program’s success could be obtained. The plan then

could be modified to achieve feasible results or abandoned all-to-gather.

In view of the program performance evaluation, the police administrator should

expect the program’s glowing success and even occasional setbacks thus adjusting to a

realistic attitude, the administrator might want to create a feeling of openness and honesty

among the subordinates in evaluating program efforts. Evaluation procedures should be

viewed as an integral part of a continued planning process in terms of guidance for future

planning. Evaluation should be a continuous, on-going process in order to detect any flaws as

early as possible to modify the plan.

PC-R unit should be manned with only the personnel required to do the job.

Overstaffing can cause unnecessary drain of manpower and equipment from field operations.

PC-R personnel should be selected from their planning and administrative skill point of view.

The administrators and the middle management should perceive.

PC-R unit, having high prestige with a firm commitment for success, must consider

its location within the organizational chart. In order to avoid problems of isolation, the PC-R

unit should not be housed far away from the Headquarter or at least supervisor of the unit

should always be closer to the administrator.

35

Community Policing Concept was first implemented in the 1970s when team policing

was instituted in the Unites States. The concept brought together groups of junior officers

and a supervisor who were given jurisdiction over a designated neighborhood area on a

twenty-four-hours-a-day basis. The team was left alone to decide the strategy of patrolling,

force deployment, working hours, assignments, and methods within broad policy of

guidelines established by the department. The purpose of team policing was to create strong

ties between the police officers and the community they served and to involve the

neighborhood in police operations. In view of team-police’s less effectiveness, foot patrols

were reintroduced to control drug dealers, vandals and other petty criminals associated with

community decline. Officers on foot are more easily approachable and offer a comforting

presence to citizens. The current foot patrolmen are equipped with mobile communication

gear similar communication gear that is used in patrol cars. The Police Foundation evaluated

foot patrol and found that it had little effect on community crime rates, they, however had

helped to improve citizen attitudes toward the police (Criminal Justice Newsletter 16, 1985).

Community policing supporters assume that citizens actually want an increased

police presence in their neighborhoods, but the fact is that the same citizens who fear

crime may also fear the police (Ralph Taylor and Jack Greene (1988). The new role of

police must be reviewed and changed from law enforcer to community organizer and

police training must be revised to reflect the new mandate with a new type of police

recruitment.

Local law enforcement agencies in the United States find themselves struggling to identify

their responsibilities and define their future role in an effort to combat terrorism. The new

police order must address terrorism and home security in the areas of crime prevention,

intelligence gathering, and information sharing to ensure the safety and welfare of citizens.

36

Problem-oriented Policing strategy is introduced to identify particular community

problems – street level drug dealers, prostitution rings, gang hangouts, and juvenile

delinquents – and try to decide problem through diversification rather than legality channel.

This strategy is aimed at reducing community fear levels and police and the community

closeness. Problem oriented policing has the following features:

1. Police Community Newsletter with accuracy to inform citizens of police

activities;

2. A community-organizing response team designed to build a community in

collaboration with police organization;

3. A citizen contact program that kept an individual officer always in the same area

of the city to maintain community contacts;

4. A program in which officers re-contacted the victims soon after their

victimization to reassure them of police action; and

5. Police-community contact centers are established where two patrol officers, a

civilian coordinator and three police aids are staffed to assist citizens. A school-

liaison officer prevented truancy and a park police officer controlled vandalism.

They contend that applying the principles of organizational change, problem solving, and

external partnerships, community policing can help police to prepare for and prevent

terrorist acts, and respond to the fear such threats engender. Community policing helps to

build TRUST between the community and law enforcement, which allows officers to

develop knowledge of the community and resident activities and can provide vital

intelligence relating to potential terrorist actions and their affiliation with ethnic and

37

religious groups with whom police have built a rapport. Using existing data sources,

agencies can conduct target vulnerability assessments and develop risk-management and

crisis plan. Establishing and maintaining mutual trust is the central goal of community

policing. Effective community policing also involves intergovernmental and interagency

collaborations, essential for the collection and exchange of intelligence, the identification

of threats and vulnerabilities, and the sharing of resources in the event of an attack.

1. Problem Solving Concept is a broad term that describes the process by which

specific issues or concerns are identified and the most appropriate remedies to

abate the problem are identified. Problem solving is based on the assumption that

“individuals make choices based on opportunities presented by the immediate

physical and social characteristics of an area. The idea is that if the underlying

conditions that create problems can be eliminated then so will the problem.

(ii) Decentralized Decision-making and Accountability:

In community policing, individual line officers are delegated with an authority to solve

problems and make operational decisions. Leadership is required and rewarded at every

level; supervisors and officers are held accountable for decisions and the effects of their

efforts at solving problems. Empowering officers at the lower levels will allow them the

freedom to pursue leads or suspected terrorist activity, or identify possible terrorist

vulnerability within the community.

38

(iii)Fixed Geographic Accountability and Generalist

Responsibility:

In community policing, most staffing, supervision deployment, and tactical decision-

making are geographically based for longer time that enable them to foster communication

and partnerships between individual officers and their community. As a result officer should

be more attuned to rising levels of community concern and fear. Community policing

generates TRUST and increases satisfaction among community members and police, which

in periods of heightened unrest or crisis can translate to dealing more effectively with

community fear.

(iv)Utilizing Volunteer Resources:

Community policing encourages the use of non-law enforcement resources within a

law enforcement agency such as volunteerism, which involves active citizen participation

with their law enforcement agency. Volunteers can help free up officers’ time and allow

them to be more proactive and prevention-oriented. In generality, volunteerism can help to

make communities safer, stronger, and better prepared to respond to threats of terrorism,

crime, public health issues, and disasters of all kinds.

(v) Neighborhood Watch:

Neighborhood Watch programs can be used, in addition to serving as crime

prevention role, as the basis for bringing neighborhood residents together to focus on disaster

39

preparedness as well as terrorism awareness, to focus on evacuation drills, and exercises, and

even to organize group training.

(vi) Volunteers in Police Services (VIPS):

This program provides training for civilian volunteers who assist police departments

by performing “non-worn” duties effectively freeing up officers to spend more time on

critical issues. The program provides resources to assist police officials by incorporating

community volunteers into the activities of law enforcement agencies.

(vii)Community Emergency Response Team (CERT):

This program provides civilians with training in emergency management planning

and response functions to bolster the capacity of local communities to respond to disasters.

Volunteers in this program provide immediate assistance to victims, and organize

spontaneous volunteers that help improve the safety of the community.

(viii)Medical Reserve Corps (MRC):

This program coordinates the kills of practicing and retired physicians, nurses, and

other medical professionals to help their community during large scale emergency situations.

MRC volunteers may deliver necessary public health services during crisis and play an

integral part in police preparedness and response strategies.

40

(x) Community Partnership:

Homeland security can best be accomplished through the joining of the citizens,

businesses, emergency management, public health and public and private organizations with

police. Partnership gathers many skills necessary to plan for, mobilize, and respond to

terrorist acts. In community-oriented policing, police is only one of many governmental

agencies responsible for responding to community problems. Encouraging citizen

involvement in programs such as ‘neighborhood watch’, ‘youth education’ and other

activities with law enforcement has been found to increase social cohesion among citizens

and decrease the amount of fear of crime. Citizen awareness programs to inform public in

general about what police and government are doing to prepare for and prevent a future

attack of the terrorists.

Media should define the nature, scope, and level of threat in critical situations, in

disseminating information, and in calming the people. It should deliver accurate and relevant

information to the public, avoiding any paranoia or causing any confusion.

Recognizing that the detection and prosecution of criminal activity is not a job that

law enforcement can do alone, neighborhood watch serves extra eyes and ears in the

community to report suspicious activity or crimes in progress to police. Through the

neighborhood watch program, police can:

1. Act as a liaison with each neighborhood watch group, including the development

of more efficient methods of communication between the police and these groups

41

to provide a better exchange of up-to-date crime prevention and homeland

security, increasing the level of trust in each-other;

2. By comparison of the crime rate among the areas that have neighborhood

programs and those that are without them, recruit new neighborhood groups;

3. Review daily crime-related calls for service records in their assignment area.

Prevention efforts can enhance police search to identify problem area. Involve

crime analysts and district enforcement personnel seeking unified approaches in

reducing crime;

4. Meet with crime victims to offer services to reduce their potential of becoming a

victim in future, by conducting surveys among the residents of the area; and

5. Encourage residents to be observant and watchful by reporting things that seem

unusual or out of place.

Similarly, the business watch program establishes a formal communication

network between the police and the business community. Law enforcement personnel

can train business owners, managers, and employees to be able to recognize

suspicious criminal activities to prevent shoplifting, robberies and will also learn how

to become an effective witness to a criminal activity. Religious facilities can also

benefit from police activities about the homeland security programs, such as personal

safety, home security, drug awareness, auto theft, and many subjects of interest to the

participants.

Community-oriented policing is based on the premise that citizens should be

empowered to enhance their quality of life and prevent crime and the problems that

can lead to crime. Citizen academies have been useful places to educate members of

42

the community to understand the role and function of their police, and to grasp the

mission, goals, objectives and programs of the police department. Police officers

should hold talks about the prevention of terrorist threats and what a community can

do to prevent such threats.

The modern police force in Pakistan is the direct descendent of the British-India

police based on its use against the sub-continents’ population to suppress social unrest and

disorder. As a virtue of its existence, the police in Pakistan are basically charged with the

maintenance of law and order, keeping peace, and performing arbitration-mediation tasks

related to local conflicts stimulated by changing social relationships and status. Events of

police control of social unrest evidently has shown that the police cannot discharge their

duties to maintain law and order without the backing, goodwill, and cooperation of the

public. To achieve such goals, every police officer, regardless of rank and file, should be

regarded by every law abiding citizen as a wise and impartial friend and protector against

injury to his person and property. This confidence begets police the necessary cooperation for

successfully combating crime. Non-regulatory functions of Police and small courtesies

rendered to individual citizens would go long way in building up goodwill for the police. “A

measurement of success in the development of positive relationship between police and the

public is the amount of help the public asks the police for and the more cordial their relations

are with public the greater becomes the number of extraneous demands made upon them by

private citizens which could build a nation with a unitary identity (Bayley, 1979).”

In view that the police in Pakistan have been mistrusted and alienated from the

general public for one reason or the other, they are identified with oppression and repression.

Old memories have left deeper scars on the minds of the second and third Pakistani

43

generation, affecting relations between the two. To public police are brutal and venal, yet

police are asked to provide assistance in times of personal trouble. Research needs pertaining

to the role of the police, to the structuring of police organization, to patterns of operations, or

to functional decentralization, police link with other areas of criminal justice and modified

training material might help police see themselves as partners of the people. Police need to

develop a cooperative relationship with the pubic as well as with other components of

criminal justice funnel. To this end, European and Western countries including Japan,

Singapore and China have had tried numerous strategies to develop police-community

relations programs to fight crime with the assistance of the very public, the police are

assigned to serve. Some of these programs have met with little or no success, yet the struggle

continues to find more and more avenues to develop trust between the police and the public.

Pakistan police are trying to experiment some of the programs that have been tried and

discontinued for their failure or ineffectiveness. Because of the differing socio-political

situation and economical pulls and pushes, those programs failed in the United States or

other European countries, may succeed in Pakistan. One has to try and see.

Chapter Eight:

Presidential Order 2002 And Crime Prevention Strategies:

Presidential Amended Order of 2002 and the Community Policing

44

It is extremely difficult if not impossible for a police officer maintain his or her

composure in all street situations even though it is expected and demanded of him/her in all

police departments in Pakistan. Although Police Ethics requires the following:

“I will … maintain courageous calm in the face of danger, scorn, or ridicule; develop

self-restraint; and constantly mindful of the welfare of others. I will never act officiously or

permit personal feelings, prejudices, animosities, or friendship to influence my decisions … I

will enforce the law courteously and appropriately without fear or favor, malice or ill will,

never employing unnecessary force or violence …(Cromwell Jr., Killinger et. al, 1977).

But police an officer working in crime prone area (slum neighborhood) faces

countless pressures which increase the difficulty of performing police work calmly and

without restraint. An officer is expected to maintain order on the street to keep a “clean beat”

and to disperse mobs, to remove ‘undesirables’ with or without legal tools are available. In

dangerous neighborhoods, he may be mocked, threatened or even spat upon. Police officers

see the tragedy of victimized citizens and sordid lives of the reprehensible and unfortunate

elements of the community. A police officer must always live with the prospect that he or she

may be subject to attack without warning.

The problems of police-citizen contacts are multiplied and exacerbated when the

citizens involved are juveniles. Youths are out and around, noticeable to the patrolling

officer, they travel in groups and spend time in neighboring gathering places or recreational

facilities, shops or street corners. The antipathy toward police is heightened by youth’s

natural dislike for authority. Demeanor appears to affect police disposition after arrest as well

as arrest in the first instance. Citizen involvement in crime prevention efforts is not desirable

45

but necessary. Police and other specialists alone cannot control crime; they need all the help

the community can give them. Most citizens agree that crime prevention is everybody’s

business, but too many fail to accept crime prevention as every body’s duty. Law

enforcement evolved into a multifaceted specialty as citizens relinquished more of their

crime prevention activities. Despite police professionalism, crime is souring to its new

heights, resulting to realize the hypothetical situation that “history repeats itself”, Chief

Executive (President) of the Islamic Republic of Pakistan has introduced and promulgated

the amended Order No. 36 of 2002 as Police Order 2002, expressing his concern in Article 4

(c), encouraging police-public cooperation and 168 (a),(b) and (c), emphasizing the

development of liaison between aggrieved citizens and police for providing relief by

rendering assistance to Public Safety Commissions, Police Complaint Authority and the

police for the expeditious and judicious discharge of their duties. Article 169 of the Amended

Order No. 36 had made provisions to set Public Safety Funds at the Provincial

Government(s) and the District Governments levels to the police for the improvement of

police service delivery. Article 169 (7) (a), (b), and (c) provide that The Public Safety Funds

shall be applied exclusively for the purpose of:

(a) improving facilities for public and service delivery at police stations;

(b) improving traffic police; and

(c) rewarding police officers for good performance.

In the absence of police-public cooperation, government programs for the control of

crime are unlikely to succeed. Informed citizens can make a decisive difference in the

prevention, detection and prosecution of crime (Staff Report of the U.S. Government Printing

Office, 1969).

46

In light of Police Order 2002, the Province of Punjab has, through the provincial

Inspector General of Police, already launched programs such as Police-Community

Relations, or Community Policing approach to crime prevention and crime detection through

police and the community participation. Heads of the police stations or the police posts,

SHOs and alike have half heartedly accepted the notion. The direct result of community

policing introduction at all levels of the police order and police hierarchy is being noticed in

terms of “Assalam-u-alecum”, replacing the good old stereotyped slogans of “what”?,

“kaun”, “kiyae”. “haanjee” and alike as a response to incoming calls, making the caller feel

that police is not interested in listening to you, the citizen. Although, the cops above forty

and those who have joined police at low rank level with village background give community

policing no importance rather calling it ‘beggars slot’ against police professionalism. Most of

the police SHOs in the city are seen receptive to the concept and have started inviting irate

public to engage in a dialogue of mutual respect and mutual assistance in the face of

increasing crime rate and civil unrest. Some police stations have erected bill-boards of

friendship and have distributed flyers of one sort or the other expressing the need of

communication between the police and policed. It is all due to the direct involvement and

personal interest of police echelons to engage in the friendly dialogue between police and the

community.

Traffic police and its activities do have obvious negative impact on community-

policing. Up until recently, vehicle driving, in Pakistan, has not been regularized as for

obtaining driver’s license and actual driving test of the vehicle are concerned. In the past,

people would pay few extra rupees to the license issuing authorities and felt no difficulty in

obtaining driver’s license without taking driving test. As a result most of the drivers on the

roads are neither educated about the street signs or the traffic rules, nor they are trained for

47

safe driving. Such anomalies are causing traffic accidents which are turning into personal

abuses as well as property damages. Insurance like disease has not been accustomed in

Pakistan, leaving the aggrieved parties to suffer financial hardship for repairs. Roads are not

made to accommodate the overflow of new and old vehicles, particularly in the old Lahore

area. People are suffering in the hands of private transporters for local transportation. Huge

busses are hindering the smooth flow of traffic and causing small vehicles or pedestrians to

face danger of accidents. Traffic police officers’ attitude after the first “asslamu-alecum”

becomes corruptive. Educated ones are quick to receive citations without arguments and

provisions of settling disputes in court. A driver who is stopped by a traffic cop gets citation

of the choice of the cop not the violation. He or she is not told about the relief remedies or

contesting the citation in court. He/she must pay what has been ticked (x) on the back of the

citation. Some traffic law violators are old players in corrupting the cop. They hang around

the cop’s station to make a cash deal instead of receiving ticket (citation). Small may be but

sure corruption is still obvious. As a result the traffic police officer’s attitude toward the

educated traffic law violator is still noticed anti-community policing. Until and unless, every

police personnel accepts community policing notion, public cooperation with police to fight

crime and criminals will be seen a long way. Again, strong, assertive and effective practices

of policing the police or strict supervision are dire needs of the day. Traffic police and

investigators have to be a part of the community policing for the concept’s practical success.

We still can dream to have “kabana” like police services.

It is, however, too early to notice the impact of newly introduced community policing

efforts, because there has been very little or no systematic research done in this regard. But,

the reported incidences of communities getting “together” suggest that active “community

involvement” in fighting crime may well be an effective way to prevent and reduce crime

48

and delinquency. The fundamental truth is that citizens can prevent crime by focusing their

attention on the social factors that lead to crime and delinquency, such as un-employability

and unemployment, lack of or poor education and insufficient recreational opportunities.

Education:

Employment:

Government and government agencies like probation and parole and other social

welfare agencies are placing unskilled ex-cons and disadvantaged youths in full-time or part-

time jobs. We still need citizen organizations and private companies to create and offer new

jobs for the unemployed disadvantaged. The provision of job opportunities counseling to

recruit fresh but helpless graduates, and citizen group participation in promoting “hire first,

train later” type of programs are to be introduced in our society. We need volunteers to train

and educate ex-addicts, ex-cons, and unskilled citizens to participate in work force and an

active group in disseminating job information to those who do not have excess to media or

community information centers.

Recreation:

Some social and philanthropic organizations are engaged in financing and arranging

activities like summer camps, summer hiking and boy-scout activities. We still need

newspaper and electronic-media participation to solicit funds for police to provide

reproachable and disadvantaged kids with summer and out of school activities with new

experiences and recreational opportunities. Citizen groups to organize sport activities and

tournaments for the kids who could not otherwise afford to participate in are needed. Need

individuals to act as “big brother” or “big sister” to lead needy ones and helpless children.

49

Activities as “talent shows”, “arts and craft classes”, and “special interest” programs are

direly need to bring the disadvantaged out of the closets.

Counseling and Treatment:

There may be numerous counsel and advise youths and adults with a wide array of

problems programs but we still need in the context of “hotline” established to concentrate on

those with drug-related and family problems through which people with problems could seek

anonymous assistance without the fear of involvement with law. Volunteers at the centers

could try to create a warm environment where youngsters will find acceptance and to provide

constructive alternatives for people in trouble. Police need to sponsor counseling centers

designed to develop better and secure relationships between police and the youths, between

troubled youths and parents, and maintain clinics and treatment centers where police-

sponsored volunteers could assist professionals in treating drug and alcoholic related

problems. These volunteer could offer telephone counseling and crisis intervention services,

anti-drug abuse and educational campaigns to create good police-community atmosphere.

Police-Related Activities may include “crime reporting” by the public, campaigns to

educate and motivate people to report:

(1) crimes in progress;

(2) information that would help police to solve crime;

(3) point out persons and events considered suspicious, such “crime check”, “crime

alert”, chec-mate, crime stop and “project home alert”, “operation identification”,

“safety decals” to display on doors and windows.

CHAPTER 2

50

a) It was pointed out that the system of government bequeathed by the British was

aimed at concentrating the leadership, administrative and financial powers and

functions in a few officers at different levels. The same system had continued in the

district, whereby, in the office of the Deputy Commissioner, four distinct and

different offices had been concentrated. He was the executive administrator, exercised

general direction and control over Police admini5tration, functioned as officer in

charge of the revenue administration and was also in charge of the executive

magistracy.

b) Fundamental changes were introduced in the administrative set up, after the

implementation of the Local Government Plan. The divisional tier of administration

was abolished. At the district level, the former administrative arrangements

underwent radical changes as executive powers and functions were transferred to

various functionaries ranging from Nazims to relevant district officers.

c) As regards the Police, it was decided that the functions of investigation would be

separated from the maintenance of public peace. Prosecution will be placed in the

hands of an independent service. Prisons and Probation shall continue to operate

under the control of the Provincial Government. Maintenance of public peace will be

the responsibility of the Zila Nazim who will be assisted in this task by the District

Police Officer. It was felt that the new paradigm would provide for an effective

system of checks and balances and will work under different safety nets provided

against the arbitrary use of power.

d) The de-concentration proposals covered a total of 112 administrative and regulatory

functions that were being performed by the DC/OM/EM of these, 11 were proposed

to be delegated to the Nazims, 54 to the Judiciary, 3 to Police, 4 to the DCO, 27 to

various District Officers, 3 to the Principal Governments, and 4 to the Municipal

Administration and 6 to other agencies.

e) The Presentation evoked a lively debate. The participants spoke candidly and at

length in favour of and against the proposed abolition of Executive Magistracy. Those

favouring the abolition maintained that the present, system was a legacy of the

colonial rule and not suited to the needs and aspirations of an independent State. Also,

the separation or Judiciary from the Executive was a Constitutional obligation. The

51

institution of Executive Magistracy wielding trial powers had neither been successful

in the desired measure nor did it have the seeds for improvement. If a real change was

to be effected, the institution had to be replaced by an arrangement which was more

transparent, democratic and responsive to the people's needs and aspirations. The fear

of dislocation and teething pains was no justification for continuing with a failed

system.

f) The institution of the Executive Magistracy had a rationale and was necessary, some

participants argued that the regulatory and prohibitory functions and the maintenance

of law and Order were too sensitive to be left to individuals and institutions which

may not have the neutrality, impartiality and objectivity possessed by the Executive

Magistracy.

g) It was argued that the absence of Executive Magistracy may create situations in

which the Nazims and the Police form a nexus and work against the interest of the

citizens in general and political opponents in particular.

h) The detractors of the abolition of Executive Magistracy advocated for an incremental

approach and suggested that the Executive Magistracy may be retained till such time

as the new Local Government system takes firm roots and should be introduced in a

gradual manner by combining the positive aspects of the present and the proposed

system. Taking note of the apprehensions about the Police, the Chief Executive had

observed that the Police Force had to improve its performance and image as people

friendly. He observed that it was not fair to assume that every district institution,

expect the Executive Magistracy, would be inefficient or self-serving. True that there

may be some ignoble examples but their presence was not weighty enough a

justification to maintain the status quo.

The Concept of Decentralization and Devolution

a) Decentralization, or decentralizing governance, refers to the restructuring or

reorganization of authority so that there is a system of co-responsibility between

institutions of governance at the central, regional and local levels according to the

principle of subsidiary (i.e. the local authorities will have the authority and

responsibility to address all problems that are, in their determination, within their

52

ability to solve), thus increasing the overall quality and effectiveness of the system of

governance, while increasing the authority and capacities of sub-national levels.

b) Devolution, along with two other types of decentralization (fiscal and

administrative), is the transfer of resources and power (and often, tasks) to lower-

level authorities that are largely or wholly independent of higher levels of

government, and which are democratic in some way and to some degree.

Accountability to Citizenry

The LGO and Police Order 2002 provide a statutory basis for an unprecedented range of new

avenues for citizens to voice demands and hold policy makers accountable. For instance the

CCBs were conceived as institutions with a broad 'governance reform' mandate; lnsaaf

committees and Anjuman-e-Musalihat, in different ways, were promoted to improve the

performance of subordinate courts and the dispensation ofjustice.74 The Police

accountability mechanisms or checks may be categorized as internal and external, juridical

and non-juridical, formal and informal, horizontal and vertical.

53

RATIONALE FOR POLICE REFORMS

a) Deepening Law and Order Crisis

The increasingly strong nexus between economic and social factors, and the importance of

the latter as determinants of growth was apparent in Pakistan for the period from mid-eighties

onwards, when Pakistan's largest city and industrial centre, Karachi, intermittently remained

in the grip of civil strife. The continued unrest in the city, which is the country's financial

capital, and only seaport, and houses the bulk of Pakistan's manufacturing capacity, has been

cited as at least one of the factors prompting the average annual growth rate of large scale

manufacturing to slump to 3.5 percent in the 1990s, from an average of over 6 percent in the

previous decade.

b) Ethnic and Sectarian Killings

In general, ethnic and sectarian divisions have been exploited for political purposes over the

last twenty years, which has led to an increase in ethnic and sectarian tensions, and recurring

episodes of violence. Similarly, incidents of random attacks on church congregations and

worshippers in mosques, shootings of prominent (and often apolitical) members of society

and bomb blasts have occurred all over the country. Such incidents are a major symptom of

the deteriorating law and Order situation in the country, and heighten the sense of uncertainty

and lack of security that pervades metropolitan centres. The law and Order situation has thus

served to stifle growth and employment opportunities and may have significantly contributed

to poverty, particularly in the urban areas.

c) Rampant Corruption and Inefficiency

In addition, the access to justice of the citizenry was severely restricted by the rampant

corruption and the inefficient Police system that is often accused of playing" in the hands of

the influential and victimizing the poor and the underprivileged. In this regard, harassment by

the Police and its indiscriminate and exploitative abuse of power l1as been repeatedly

reported by the poor to be a major source of insecurity and vulnerability for their lives and

livelihoods. The lack of discipline, courtesy, misbehavior, torture and high-handedness on

the part of Police has nurtured a Police-public relations estrangement.

54

ISSUES AND CHALLENGES IN POLICE REFORM

Police is being re-invented to be professionally competent, functionally separate,

depoliticized, democratically controlled, non-authoritarian, accountable, service oriented, and

responsive to community. It is being encouraged to Police through consent and not through

force and furthermore to elicit community co-operation. However, there are a number of

issues and challenges involved in the revamping.

a) Bureaucratic Impediments

b) Barriers to Acceptance

d) Issues of Continuity

Commitment to the dismantling of administrative structures more suited for rule by a

colonial power rather than a citizen oriented service delivery is a major departure from

previous governments that have used these repressive structures to exert control and

undermine the rule of law. Implementation of the Police Order is essential for a sizeable

impact on the service delivery. Improved Police performance is an essential public good in

its own right for it underpins public safety, observance of basic rights, respect for the rule of

law and the credibility of the local institutions in the absence of which, the goals of social

and economic development would remain elusive. Although, the LGO and Police reforms

2002 have been underwritten by constitutional guarantees, nevertheless, these can only

continue if the succeeding governments retain the political will and the perseverance

necessary for a meaningful Police reform.

e) Establishment of an Independent Prosecution Service

The Criminal Justice System is founded upon the bedrock of an effective law enforcement

apparatus, an efficient judiciary, penitentiaries and probation services, and an independent

prosecution service. In the earlier system, prosecution was partially subordinate to the district

magistrate and partially part of the Police. As enshrined in PO 2002, an independent

prosecution system needs to be established to function as an institutional mechanism for an

objective examination of evidence in terms of quality, veracity and transparency. Necessary

enactment of legislation is required to achieve the stated objectives.

55

f) Capacity building of Watchdog Bodies

The implementation of the newly created structures under the PO and the LOO concerned

with the access to justice has been tardy. The establishment of Public Safety Commissions

can, at best be described, as patchy. The slow pace of implementation has been ascribed to

the delay in the formation of governments at both the Federal and Provincial levels.

However, the problem may be related to reluctance on the part of province officials to cede

control over Police84 to the public safety commissions, or to ensure that they have sufficient

budgetary and secretariat facilities required to support preparation of annual policing plans,

create a viable working relationship with the DPOs and monitor conduct against these

agreements. There is confusion regarding the responsibility for budgeting, training, capacity

building and representing the interests of safety commissions. There is an urgent need to

clarify the roles of the Nazim, the Police and the department of law and home of the

Provincial Governments.

g) Support of Ancillary Institutions in the context of Public Safety and Policing

Support must be extended either by the government or the donors to ancillary

institutions/organizations concerned with public safety and policing. These include the Police

Complaints Authorities, the District Justice Co-ordination Committees, the District

Ombudsman's Office, and the Safety Commissions.

CONCLUSION

The challenges for the implementation of the Police reforms are both protean and formidable.

Police reform is a long-term, multi-pronged, multi-sectoral, iterative process predicated upon

building institutional capacity of the Police, and of policing processes throughout a society.

Capacity-building must address the internal objectives within the Police as an institution in

terms of the management, the occupational ethos, and the broader institutional components

found within the rule of law and governance processes. Such is the gigantic challenge of the

Police reform.

CHAPTER-3

POLICE ORDER, 2002 - AN INTRODUCTION

56

Police Order 2002 was promulgated through a Presidential Ordinance on 14th August 2002.87

This Ordinance came into effect immediately, thereby replacing the Police Act 1861, which

stood repealed.

OBJECTIVES OF THE POLICE ACT 1861

The Police Act 1861 regulated the affairs of Police in Sub-continent for almost 40 years. The

law was introduced by the Colonial rulers for the maintenance of law and Order and better

revenue collection. The main objective of the Police Act was to organize the Police in a

manner designed to be an efficient instrument for the prevention and detection of -Crimes.

The repeated Act had been promulgated as a Central Act on 22nd March 1861. However, it

did not come into effect in any area on its own. The enforcement of the Act, in the areas of its

choice, was the discretionary prerogative of the Provincial Government, as deemed

necessary. The Police Act 1861 was enforced in various districts of Punjab on 30th August,

1861. The province of Punjab was declared to be General Police District through notification

dated 1st January, 1890.

Duties of a Police Officer

The Act provided following duties for the Police

i. Obey and execute all Orders and warrants lawfully issued to him.

ii. To collect and communicate intelligence effecting the public peace.

iii. To prevent the commission of offences and public nuisances.

iv. To detect and bring offenders to justice.

v. To apprehend all persons for whose apprehensions sufficient grounds exist.

vi. To enter and inspect drinking shops, gambling houses or other places of resort of

loose and disorderly characters.

Regulation of Public Behaviour

57

The Act empowered the Superintendent of Police to regulate conduct of assemblies and

processions on public roads. The Act places the Police under an obligation to keep Order on

the public roads, public streets and all other places of public resorts. However, the Act

explicitly stated that the authority of the District Magistrate was not affected by these

provisions. The Act vide Section 33-A allowed the District Magistrate to regulate public

behaviour in a number of cases.

Municipal functions of Police

The Act authorized Police officers to regulate municipal functions and remove public

nuisances.

SALIENT FEATURES OF POLICE ORDER 2002

The main objective of the Police Order 2002 is to ensure that the Police force functions in

accordance with the spirit of the constitution, law and democratic aspirations of the people.

Police has to be professional, service oriented and accountable to the people. It seeks to make

the Police efficient in the prevention and detection of crime and maintenance of public Order.

In contrast to the Police Act /R6/, the Police Order, 2002 has clearly defined the role of

Police.

Separate Police Establishments

The Government shall set-up separate Police establishment for every general Police era. In

the repealed Po/ice Act, there was one force for the entire Province.

Functional Autonomy to Provincial Police Officer

Unlike the repealed Police Act the Provincial Police Officer has been given the powers of ex-

officio secretary to the Provincial Government in administrative and financial matters. The

PPO can make postings/transfers of officers up to the rank of Deputy Inspector General of

Police in case of City Police Officers and all other officers of the rank of Senior

Superintendent of Police and below.

Sanctity to tenure posting

58

The new Police law ensures completion of tenure of posting for the various ranks of Police

Officers. The repealed law did not provide any such assurance in explicit terms.

Responsibility towards Public Bodies

The District Police Officer has been made, in general, responsible to the Zila Nazim, except

for the internal administration of tire Police force. He has been made responsible to provide

assistance to all Government functionaries and obey the directions of Zila Nazim in respect

of complaints against Police excesses, neglect or failure. In the repealed Police Act 1861,

there was no concept of responsibility or accountability towards public institutions or public

representatives.

Supervision and accountability of the Police have been entrusted to various public bodies like

Public Safety Commissions. These bodies shall be discussed in the -later part of this chapter.

Citizenry has been given an important role in the affairs of Police. The Police Order

envisages the creation of citizen Police liaison committees to establish an effective liaison

between the Police and citizens. The main objective of the law is to create a people friendly

Police that is more responsive to the aspirations of the public at large.

Public bodies & other Institution under tile Police Order, 2002

Police Order 2002 envisages the establishment of different public bodies and other

institutions at the Federal, Provincial and District level. The following public bodies and

institutions have been created at the Federal level.

National Public Safety Commission

Islamabad District Public Safety Commission

Federal Police Complaints Authority

National Police Management Board

National Police Bureau

Keeping in view the scope of the study, the syndicate has focused on the bodies established

at the Provincial and District Levels. Our special focus remains on the District Public Safety

59

Commissions as these bodies have been duly constituted and are functional in the majority of

districts. A detailed status of their establishment has been given in Chapter 6 of this study.

The basic idea behind the establishment of Public Safety Commission is to insulate the

Police, on one hand from extraneous interference and on the other hand to make the Police

accountable to the public bodies. General Macarthur introduced the democratic concept of

Public Safety Commission to oversee the Police functioning in Japan in 1947. The concept of

Public Safety Commission has been borrowed from Japanese system and has been adapted

with some modifications. This system of Public Safety Commissions is an amalgam of the

concept of Police Authorities in Britain and the Public Safety Commissions of Japan.

Although Sri Lanka has a National Law & Order Commission with somewhat similar

functions, yet this kind or institutional safeguard does not exist there. We have embarked

upon a basic change and hope that like Japan, the change in law would be a harbinger of a

change in culture and environment of the society which would eventually adopt the concept

of rule of law.

Provincial Public Safety Commission Composition

Provincial Public Safety Commission is an independent Provincial body having an

independent Secretariat placed in the Law Department of the provinces. It shall consist of

twelve members in addition to the Provincial Home Minister as its ex-officio Chairperson.

Six members including two women shall be nominated by the Speaker of Provincial

Assembly from amongst members of Provincial Assembly; three each from the treasury and

opposition benches respectively, in consultation with the Leader of the 1.louse and Leader of

the Opposition. The other six independent members, at least two of whom shall be women,

would be appointed by the Governor from a list of names recommended by the Provincial

Selection Panel headed by the Chief Justice of the respective province.

60

Functions

The Provincial Public Safety Commission will provide guidelines on the policy of the

Government to Provincial Police Officer and Capital City Police Officer for promoting

integrity, efficiency, and .effectiveness of Police and coordinate the functioning of District

Public Safety Commissions within the Province. It. Shall over implementation of the

Provincial Policing Plan duly approved by the Government and take steps to prevent the

Police from carrying out any unlawful or malafide Orders or directions from any authority to

any functionary of the Police throughout the Province. In case such Orders are brought to the

notice of the Commission, it shall have the powers to intervene and its decision shall prevail.

It shall evaluate the performance of the District and Capital Cit)' Public Safety Commissions

on annual basis and recommend dissolution of any Commission to the Government on

account of unsatisfactory performance. The PPSC shall recommend grants to the

Government for various Police establishments. It shall also conduct enquiry on the

recommendation of Zila Council through a resolution passed by two thirds majority of its

total membership for the dissolution of the relevant Public Safety Commission on grounds of

unsatisfactory performance of the said Commission. Besides, it shall consider the proposals

made by Provincial Police Officer or National Police Management Board and give its

recommendations to the Government. The Commission will recommend reforms for

modernization of laws and procedures in respect of Police, prosecution, prisons, and

probation services and will also recommend essential criminal justice reforms. The PPSC

will also have the power to recommend the pre-mature transfer of Provincial Police Officer.

Further, the PPSC will prepare and submit an annual report to the Government and the

Provincial Assembly about the performance and functioning of the Police Establishment as

well as general law and Order situation in the country.

The Home Departments in the provinces arc responsible for functions relating to law &

Order. The secretariat of the Provincial Public Safety Commission has been placed in the

Law Department, which has no role to play in the law and Order within a province.97Where

as the secretariat of the National Public Safety Commission has been established in the

National Police Bureau.

Capital City/District Public Safety Commission

61

Composition

District Public Safety Commissions comprise 8, 10, or 12 members depending upon the area

and population of the district. Half of the members of the DPSC shall be elected by the Zila

Council and other half will comprise of independent members to be appointed by the

Governor from a list of names recommended by the District Selection Panel under the

chairmanship of District and Sessions Judge. One third of both the elected and independent

members of the District Public Safety Commission shall be women. The Chairperson shall be

elected by the members from amongst themselves annually alternating between independent

and elected members.

The Capital City District Pub lie Safety Commission (CCDPSC) shall comprise 12 members.

Three members shall be elected by Zila Council. Another three members shall be nominated

by the Provincial Assembly (two from the treasury and one from opposition). Remaining six

independent members shall be selected by a selection panel headed by the Chief Justice of

the respective High Court.

Functions

The Commission shall approve an annual local policing plan, which shall be prepared by the

Capital City/City Police Officer/District Police Officer in consultation with the Zila Nazim,

seeing out the arrangements for the policing as well as the performance targets during the

year and their delivery mechanism. It will encourage Police-public cooperation and provide

recourse to Capital City Police Officer/City Police Officer/District Police Officer for

reporting against any unlawful or malafide Order or request for Police support from any

authority received by him or any officer subordinate to him and give a decision thereon

which shall prevail. The Commission will be vigilant against any collusive relationship

between the Zila Nazim and the Capital City Police Officer/City Police Officer/District

Police Officer which may prove detrimental to the public interest. The DPSC has the

authority to direct the City Police Officer or District Police Officer, where a head of a Police

Station has refused or avoided registering any First Information Report, to conduct an inquiry

and get the FIR registered and report compliance within 48 hours. It can report the matter to

Provincial Police Officer, Provincial Government or the Police Complaints Authority for

appropriate action if the City Police Officer or District Police Officer does not submit a

report or take action on the direction given by the District Public Safety Commission. It can

62

also direct the City Police Officer or District Police Officer in writing to enquire into a

complaint of neglect in general or by a functionary of a District Police and take appropriate

action and report within the specified period. The DPSC can also conduct a fact-finding

enquiry through two or more of its members, and in case of the complaint being validated, it

shall send its report and direct the City Police Officer/District Police Officer to suspend the

defaulting Police officer and take departmental action against him in accordance with the

rules. The functions of the Capital City District Public Safety Commission are almost

identical to that of the District Public Safety Commission.

Police Complaints Authorities

The Police Complaints Authorities at Federal and Provincial levels are the main bodies

established under the new law for Police accountability. The Chairperson of the authority

shall be nominated by the President at Federal level and by the Governor at the Provincial

level. Six members shall be appointed by the Government upon the recommendation of

respective Public Service Commissions. The PCA shall have a Secretariat with an officer not

below BS-19. The PCA has the authority to get an enquiry conducted into complaints of

neglect, excess or misconduct against a Police Officer, (by an officer of its choice). The PCA

would recommend action to the competent authority on the basis of enquiry and may

recommend disciplinary action, against any inquiry officer for improper enquiry. The PCA

would also request the Chief Justice to appoint a District & Sessions Judge for judicial

enquiry in serious cases e.g.; death, rape, injury in Police custody. In case of a frivolous

complaint, it may initiate legal action against the complainant (if proved, six months

punishment). The PCA would send annual reports to the Provincial Government.

Citizen Police Liaison Committee

The Government may establish voluntary, self financing and autonomous bodies in

consultation with the National or Provincial Public Safety Commission for developing liaison

between the Police and the aggrieved citizens for providing relief. The CPLC would provide

assistance to PSC, PCA and the Police for expeditious and judicious discharge of duties. It

would also help in the training and capacity building of PSC.

The experience of Citizen Police Liaison Committee has been very successful in Karachi.

This committee was established in Karachi in 1991 under the provisions of the Police Rules.

63

Since then the committee has played an important role in resolving the grievances of the

people of Karachi. However, the experience of such committees in the rural districts of Sindh

was not successful.

Criminal Justice Coordination Committee

Establishment of the Criminal Justice Coordination Committee has been provided under the

Police Order, 2002. These Committees stand constituted in every district under the District &

Sessions Judge. The heads of various components of the Criminal Justice System are

members of this Committee. The Criminal Justice Coordination Committee shall oversee and

work for the improvement of the criminal justice system by promoting understanding,

cooperation and coordination in the administration of criminal justice system. The

Committee is also responsible to formulate coordinated priorities and plans to give effect to

locally agreed policies and to promote good practices. The Committee shall also review the

implementation of its decisions.

Working of District Public Safety Commission

The District Public Safety Commissions have been established in majority of the Districts.

The feedback from various Commissions has revealed a number of difficulties, problems,

impediments and obstructions in their functioning. The Research Group had an opportunity

to examine the working of District Public Safety Commission at Sheikhupura as a case study,

which is discussed below:

Deficiencies in formation of Commissions

Although District Public Safety Commissions have been constituted in almost all the

Districts, yet in most Districts the Commissions are incomplete. Instead of having 8 or 10

members, certain Commissions are deficient by 2-3 members. In some under- developed

areas of Pakistan the Governments are finding it difficult to induct women members in the

slots reserved for them in the Safety Commissions on account of the prevalent cultural taboos

and social impediments to female participation in public life.

Under Article 39, the Chairperson shall be elected by the members from amongst themselves,

annually alternating between independent and elected members. In such a case, one group,

either elected or independent, would get the Chairmanship for 2 years in the three year term.

64

This will be unfair to the other group. In Order to remove this disparity, it needs to be

provided in the supporting rules that the Chairmanship of next District Public Safety

Commission would go to the other group.

Disregard to tire directions of DPSC

There is a general complaint by the Chairpersons of DPSCs that the DPOs seldom attend the

meetings of DPSCs. They either send an Additional Superintendent of Police or the Deputy

Superintendent of Police (Headquarters) to attend the meetings in their place. Zila Nazim,

Bahawalnagar as well as DCO, Sialkot expressed concern in this regard during a seminar

held on Police Reforms at NIPA, Lahore on 30th September, 2003. The Chairpersons of the

DPSCs also complained that the DPOs do not take appropriate action on complaints referred

to them by the Commissions, particularly against Police officials.

Dominant Role of Zila Nazim

The District Public Safety Commissions in the major districts of 10 members and in other

districts, consist of 8 members, half of these members are to be elected by Zila Council. The

party of Zila Nazim is having majority in the Zila Council; therefore, it is likely that the Zila

Nazim has more representation on the DPSC. The law also provides one of the members of

the District Selection Panel to be a nominee of the Zila Nazim; therefore he may use his

influence in the selection of independent members as well, thus affecting the neutrality of the

commission. The law envisages the commission as a neutral public body and one of the

major functions of DPSC is to check the collusion of interests between the Zila Nazim and

the District Police Officer which may not be possible under the given situation.

Public Opinion

"The DPSCs have been notified in all the provinces, however, their constitution and proper

functioning needs lot of resources which are not available. In addition to sufficient funds,

the-commitment of the political leadership is desperately required for the complete

enforcement of PO, since many of the hurdles are due to the undue interference of the public

representatives and districts government-led administration".

These bodies at the District, Provincial and Federal levels have representation from a wide

cross section of civil society; elected representatives, technocrats, men of experience from

65

different walks of life. They will definitely produce good results provided they are given the

opportunity and time. This is a novel concept which essentially requires the right mechanism

to ensure responsible conduct from the Police. A similar system introduced in Japan as part

of the greater political, administrative and social reforms agenda, subsequent to the Second

World War, has proved remarkably effective in improving the tone and tenor of law

enforcement and crime control.

"The constitution of these Commissions has been designed to equip them with an enabling

mechanism for ensuring neutrality and transparency in Police working. Half of the members

of the Commission would be public representatives and the rest would be from the civil

society persons of known integrity and imbued with a sense of public service".

Analysis

District Public Safety Commissions are assumed to play an important role in redressing the

public grievances against Police. These bodies are at a nascent stage of their establishment

and it would be unfair to be judgmental about their performance at this early stage. These

bodies are recommendatory in ni;1ture but have been assigned responsibility without an arm

to implement their directions. The Commissions are supposed to be neutral bodies however

owing to the nature of their composition it will be impossible to isolate them from the

political environment of the districts and the influence of Zila Nazim. The Public Safety

Commissions are faeigg great difficulties in their smooth functioning due to lack of sufficient

resources, support and cooperation from the concerned Governments.

But not every one can afford this relief; moreover the Police officers over the time have

developed ways to defeat the efficacy of relief provided by the courts.

The provincial government has the power to request the Chief Justice of the High Court to

get an inquiry conducted through a Session Judge against Police excesses. But rarely the

Governments have been referring such cases since they themselves were misusing the Police

for their own ends.

External Accountability Mechanisms after the Police Reforms

Compared with the previous Accountability Mechanisms, the Police as an organization and

officers in their individually capacity have been subjected to a comprehensive accountability

66

through public bodies and independent judiciary under the new Police law. An analysis is

being undertaken as to how far the mechanism created under the PO would really be

workable and effective.

Accountability Mechanism through Public Bodies

Public Safety Commission

a. District Public Safety Commissions

b. Capital City Public Safety Commissions

c. Provincial Public Safety Commissions

d. National Public Safety Commission

Public Safety Commissions created under the Police reforms have been vested with powers

to make Police accountable at all functional levels through appropriate provisions of law

under the Police Order 2002.

District Public Safety Commission & Capital City Public Safety Commission

These bodies have been assigned the powers to receive complaints or Police neglect or

excesses and direct the head of Police to take action within a specified period or in case of

Police excess, may conduct a fact-finding enquiry itself. And if proved so, direct the head of

Police to suspend the delinquent Police officer and take action under rules. In case the head

of Police does not take any action, they may report to the Provincial Police Officer,

Provincial Government or Police Complaints Authority for appropriate action.

This is apparently an effective .mechanism to make the Police accountable to the public

bodies but there is another side. It has been observed that wherever District Safety

Commissions have been instituted, their performance has been far from satisfactory. The

spirit of the new law was to create neutral public bodies, but due to faulty selection procedure

many incapable having strong political affiliations, have been selected as members of the

commissions. There is strong likelihood that they will mix up with the local.)

Police to advance their own political agenda, the real objective of these public bodies to act

as an insulator and watch dog over Police might prove wrong. If the commissions do not

67

have solid support of the provincial government they may prove like another toothless Police

committees of the past. But at the same time, it will be unfair to judge their performance in

the absence of required infrastructure and other interconnected vertical and horizontal bodies

to support and make their functioning meaningful. It is an important democratic requirement

of a civil society, to make the public organizations particularly like Police; accountable to the

very people they serve. Since it is a new concept where there are no democratic traditions, so

there is a strong likelihood that the commissions may not be effective during the initial years.

Hopefully with the passage of time the quality of members will improve and they will start

understanding their duties and responsibilities. Moreover like any other system, it will also

take some time to mature and fulfill the objectives of its creation. It is practically difficult in

our social political environment to disassociate the members from the politics but their

political ambitions may be translated for the betterment of the people.

Role of Provincial & National Safety Commissions in Accountability

These commissions have been assigned an important role in the selection and removal of

senior Police command but at the same time to act as insulators for the Police officers against

unlawful or malafide Orders. In this way the commissions can make the senior hierarchy

accountable for their unsatisfactory performance.

These commissions will be headed by the Home and Interior minister respectively with

powers of recommendatory nature so it is yet to be seen as to what extent they will be

effective in their functioning. It is also perceived that these bodies will dilute the authority of

provincial governments, which are constitutionally responsible for the maintenance of law

and Order in the provinces. Since the government ministers with recommendatory powers

head these commissions, their effectiveness will largely depend upon the political will of the

Provincial and Federal Government.

Role of District Nazim in Accountability

The District Nazim has been assigned some very important powers to regulate and check the

Police working detrimental to the interest of general public. He has been given power to

enforce the provisions of section CrPC in his own discretion, visit the Police stations, check

illegal detentions, Order registration of FIR and direct the head of Police to take appropriate

action.IS3 Under the Police Order and Local Government Ordinance, he has been envisaged

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as head of district government and responsible in the matters of law and Order. In this regard

he has been given the power to evaluate the performance of head of Police, for which

necessary amendment in rules has not yet been stipulated. The study has shown that the

Nazims are not exercising the powers assigned to them to redress the grievances of the

people against Police misconduct. Partially may be they want to keep good relationship with

the head of Police which can server better their political ambitions or due to lack of

government support and absence of provincial public bodies to supplement and support their

action. Where the. Nazim is from the opposition political party, the provincial government

can make him ineffective through the Dca and the DPO in sheer disregard to the authority

assigned to him under law. Finally their success will largely depend upon the will of the

Provincial Government.

It is still debated that how much power Nazim should be given for an effective control over

the Police. In a meeting in Lahore, the Nazims demanded of status of ex-officio chairmen of

safety commissions like Provincial and National Safety Commissions. Some also want Police

to be devolved like other provincial departments for good governance and effectiveness of

the district government.

Review on Accountability effectiveness of Police Complaints Authority, Police Complaints

Authority is supposed to be the most important instrument of Police reforms in the realm of

Police accountability. From the perspective of common man who wants an effective recourse

against Police misconduct, sufficient powers have been assigned to the authority to check

Police abuses effectively.

The Authority can receive complaints from any person against Police neglect, excess or

misconduct, process the complaints, refer ordinary cases to the appropriate Police authorities

for appropriate action and in serious cases initiate action at its own. It can also appoint an

inquiry officer in its own discretion and supervise the inquiries and ensure appropriate

disciplinary as well as criminal actions thereof taken on the findings of the inquiries, and

inform the complainant about the outcome of the inquiry. It is mandated to receive reports of

death, rape, or serious injury to any person in Police custody and request Chief Justice of the

High Court with intimation to the government for judicial inquiry to be conducted by the

District and Sessions Judge.

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Selection of members for the authority will be done through the Public Service Commissions

to insure their neutrality and quality but their tenure of 3 years is too small to let them allow

to mature and contribute positively. Mechanism to receive complaint has been drawn simple

and easy but the authority has to extend easy access to the general public at least at district

level outside Police hierarchy to receive complaints. The procedures for fair and free

inquiries and appropriate action under the supervision of the Authority have been apparently

assured. There is no time frame given for the completion of inquiries and action thereof taken

on the findings of the inq4iries, which is very crucial. Unless an appropriate time is provided,

the confidence of the complainant cannot be earned and, resultantly, few people will come to

complain. The existing system of disciplinary procedures is so time consuming and

cumbersome that few people opt to lodge the complaint. Moreover, the inquiries will be

conducted through the Police officer from the same organization so there is strong likelihood

that the complainants will be harassed and forced to settle the issue. The objective of real

accountability may not be achieved. It again all depends upon the will of the governments

and proactive and meaningful cooperation from the senior Police command to make the

system work effectively in the larger interest of the people and the force.

Accountability through Independent Judiciary

Beside the inherent powers of the superior judiciary and the powers given under the

constitution, judiciary at district level has been assigned very significant powers to provide

relief almost against all Police related actions affecting the general public.

After separation of judiciary from the executive some very important powers have been

delegated to the district judiciary, which include;

To issue Orders and appoint bailiff in habeas corpus petitions.

To Order registration of FIR

May direct change of investigation if satisfied that the petitioner is likely to suffer

injustice.

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Judicial inquiries in cases of death, rape or serious injuries in Police custody are to be

conducted by the District and Sessions Judges on the request of Police Complaints

Authorities to be Ordered by the Chief Justice of High Courts.

The above powers are very significant and people have gradually started benefiting from

these powers. According to data collected, a lot of FIRs were registered and investigations

transferred upon the Orders of District judiciary. Further as a result of separation of judiciary

and provision of judicial inquiries to be conducted by the Session Judges, the Police excess

and custodial offences have shown sharp downward trend. Hopefully these powers will playa

significant role to check Police excesses. The results can multiply of judiciary adopt a

proactive approach.

Role of Institutions created under Local Government Ordinance

Union Public Safety Committees; These committees, created under the Local Government

Ordinance, have been assigned some monitoring powers at the Police station level, the

concept itself is very pragmatic, since the people interact with Police most of the time at the

Police Station level. Their usefulness will again depend upon the effectiveness of vertical

public bodies.

Role of Zila Mohtasib; The office of Zila Mohtasib created under the Local Government

Ordinance, has been empowered to redress the citizens complaints against maladministration

of the holders of public offices which include District Police Officers and officials. The

institution of Mohtasib already exists at the provincial level which still has to prove its

effectiveness while office of Zila Mohtasib is still to be created.

Role of Informal Institutions of Society in Police Accountability

NGO's; The NGO's particularly the human rights organizations in recent times have been

raising their voices very loudly and effectively against Police excesses. They have used the

national and international media to highlight some cases of gross brutality and injustice

which forced the government to take effective action.

Bar Association; The bar associations are also becoming more vocal against Police

malpractices and highhandedness. Since the bars enjoy considerable influence over the

judiciary, they can use the judicial forum effectively in Police accountability.

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Associations of Business, commerce and industrial Communities; From small town to the

big cities, the business communities have formed various associations and they play very

important role in the informal accountability mechanisms. They voice against the Police

negligence, inefficiency and highhandedness in media and at the highest level of government.

Role of Federal Parliament/Provincial Assemblies and Parliamentarians: Federal

Parliament/Provincial Assemblies and parliamentarians play a very important role in

accountability of the Police. This role, however, has generally been perceived as a negative

one.

Role of Political Parties; Political parties whether from the government or opposition, play

an important role either to spoil a system or improve it.

Media; Along with print media, the development in satellite and information technology has

increased the effectiveness of media all over the world and it has emerged as an important

watch-dog institution'. Now the media is holding Countries, Governments, national and

international Organizations accountable before the people. In Pakistan also with the recent

addition of private satellite TV channels, the role of media in public accountability has

increased significantly. It is anticipated that the new satellite and information technology will

play an important role in the accountability of all public organization.

Role of Other Institutional Mechanisms in Accountability

Performance Parameters/Evaluation System

The present performance parameters to judge the performance of field units and officers, and

the evaluation system are highly defective. During research, the interviews conducted with

various Police officers confirmed that the faulty performance parameters and subjective

evaluation system is also responsible for the poor Police performance and accountability. It

was a common observation that in the present system not only the inefficient and corrupts

can go unpunished rather they can easily manage their promotions and important

assignments.

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Supervisory Mechanism

The Police force in Pakistan has the most imbalance officer- men ratio against the minimum

required standards for proper supervision and effective accountability as per data collected

during research. In this regard, the comparison of Police with other civil departments and

armed forces is irrelevant due to the specific nature of duties and job requirements of Police.

Lack of sufficient supervisory officers and close supervision there off; is also responsible for

Police excesses by the subordinate officers.

Inspection and Audit

Inspection of Police offices and Police stations by the supervisory officers used to be an

effective tool of accountability but with the passage of time, the system has collapsed due to

multiple reasons as stated by various senior Police officers during research interviews. This

has resulted in deterioration of record keeping, poor maintenance of government and case

properties, and financial embezzlements.

CONCLUSION

Internal and external accountability mechanisms before Police reforms were mainly intended

to keep the Police disciplined as an elective law enforcement organization under the control

of OM to maintain public Order. The system was neither designed nor provided any

purposeful accountability. Resultantly, the Police which was organized on the pattern of a

force developed a repressive culture in the absence of any meaningful accountability.

After independence, the same culture continued and finally after a long wait a comprehensive

internal and external accountability mechanism has been provided in the Police Order. The

new law has provided multiple internal and external mechanisms to meet the requirement of

a disciplined force and safe guard the citizens against Police excesses. This was one of the

major objectives of the Police reforms. Compared with the previous accountability

mechanisms, the Police as an organization and officers in their individually capacity have

been subjected to a comprehensive accountability through public bodies and independent

judiciary.

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Though in the reforms this aspect got maximum attention but even then some segments of

the society fear that Police in the previous system under the general control of OM and in the

presence of executive magistracy was virtually out of control with no accountability so what

will happen when there will be no state institution to watch and control Police actions. With

more autonomy under the reforms, it is to be seen whether it will be used for the good of

people or will it further deteriorate the Police behaviour.

The reforms have been partially implemented, so it is unfair to pass any judgment upon the

effectiveness of accountability mechanisms. The analysis carried out in the light of study has

highlighted many shortcomings in the system which created rational doubts for the

effectiveness of accountability system. The framers of the law have tried their best to strike a

balance between the Police hierarchy, government and the public bodies. Only the time will

tell how this balance will work and whether the objectives of effective accountability

perceived in the reforms will be achieved.

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CHAPTER 7

CONCLUSIONS

AND RECOMMENDATIONS

The implementation of Police Order 2002 is still incomplete and the process has been

hampered due to a variety of reasons as pointed out earlier in the study. The implementation

of the Police reforms would require a sustained political will, removal of bureaucratic

impediments and appropriate resource allocation. The process is in a fledgling stage. Based

on the findings of the study, the syndicate has identified the ambiguities, shortcomings, and

issues which need serious attention of all the stack holders to make the reforms a success.

The syndicated would like to propose the following recommendations.

CONSTITUTIONAL & JURISDICTIONAL ISSUES

1. Promulgation of Police Order 2002 by the Federal Government

The promulgation of Police Order 2002 by the Federal Government generated a controversy

regarding the constitutional jurisdiction of the Federal Government. The Provincial

Governments have felt a sense of alienation over the enforcement of the new law, for more

than a hundred years they had been enjoying the authority to regulate the affairs of Police

under the repealed Police Act 1861.. The old Act though promulgated by the Central

Government gave an option to the Provinces to adopt the Act as they deemed fit. So keeping

the historical and constitutional position, the role of the Federal Government should have

been that of a facilitator rather than the enforcer.

Therefore, it is proposed that necessary amendments may be made to give an authority to the

Provincial Governments to adopt the new laws. This would create a sense of ownership.

75

It is suggested that a committee at the national level representing all the stack holders may be

constituted to consider the reservations and recommendations of the provinces in this regard.

On the basis of the consensus, the provinces maybe allowed to make the necessary

amendments in the Police Order. This step would ensure harmony in Police laws in all the

provinces and generate the necessary political will which is the hallmark of any democratic

set-up.

3. Status of PPO as Ex-officio Secretary

The Police Order does not envisage Police as an independent department. However, the

confusion has arisen due to the delegation of status of ex-officio secretary to the Provincial

Police Officer since no' provision exists for ex-officio secretary in the provincial rules of

business which is being interpreted in different ways in various provinces. The law does not

exclude the role of Home Department as an administrative department of the Police.

Therefore it is necessary that the relationship of Police vis-à-vis Home Department may be

redefined in the context of Police Order.

Hence, it is suggested that the administrative and policy making role of Home Department

may be ensured which will remove the existing confusion. and eliminate the duality of

functions.

It is further recommended that to empower the PPO in financial and administrative matters,

necessary amendments may be made in the relevant laws and rules particularly the provincial

rules of business, financial rules and rules under the Provincial Civil Servant Acts.

ADMINISTRATIVE ISSUES

4. Posting/ Transfers

a) Effective chain of command is necessary to ensure the discipline in the Police force.

Posting and transfer is one of the mechanisms through which discipline is enforced by

removing the officers from their positions if they prove. to be inefficient. In the Police Order,

Article 15(3) the City Police Officer or District Police Officer can only be transferred (before

completion of tenure) with the concurrence both of Zila Nazim and respective Public Safety

76

Commissions. The main objective of the Police Order, 2002 is to insulate the functioning of

Police from all political interference and ensure unity of command. The role of the Public

Safety Commissions at the Provincial and District level as well as that of a Nazim cannot be

isolated from the political environment. These bodies inevitably have a political complexion

by virtue of their composition. The Nazim, being an elected person, may not remain free

from political considerations.

Therefore, it is pertinent tit at the role of Public Safety Commissions and Nazims may be

eliminated in the transfer of the City Police Officer and the District Police Officer. It is

further proposed that the Provincial Government for the DIG and above, and PPO for SSP

and below may be given the authority to transfer/ remove an officer, in case, he has

demonstratively proved to be inefficient / ineffective after giving him sufficient opportunity

to defend himself.

b) Interpretation of Articles 15, 17, & 18 of the Police Order creates certain ambiguities

which need necessary clarifications or amendments;

Therefore, necessary amendments may be made in Article 84(3) of the Police Order to place

the secretariat of the Provincial Public Safety Commission within the Home Department of

the respective Provinces.

ISSUES CONCERNING LOCAL GOVERNMENTS

6. Role of Zila Nazim

The linkage between the District Government and the District Police Officer is yet to be

institutionalized. The DPO is responsible to the Zila Nazim; however, Nazims apparently

have no control over Police. The relationship of Nazims with the DPO exhibits marked

variation across different districts. The role of the Nazim vis-à-vis DPO needs further

clarification. While Police has a district presence, yet it has not been devolved to the District

Government. An attempt has been made to link the Police with the District Government by

creating a relationship between Police and Zila Nazim in the Local Government Ordinance

and the Police Order, 2002. The Nazim is supposed to write the Annual Confidential Report

(ACR), however, no rules have been framed so far to enforce this provision. Interestingly,

Policy Order which is the relevant law is completely silent on this particular issue.

77

It is, therefore, required that necessary amendments may be made in the Police Order, 2002

in this respect. District Nazim should be empowered to evaluate the performance of DPO in

the context of the public Order.

8. Linkage between Tehsil Municipal Administration and Local Police Police Order has

providcdprovided a linkage bctwecnbetween thc Zila Nazim and DPO. Built no linkage has

been provided between the Tcehsil Municipal Administration and the local Police under the

local governmcntgovernment and Police laws, for thce enforcement of local government

laws, to deal with emergency and law & Order situations. It is particularly necessary in

emergent and law & Order situations where the Zila Nazim is not available.

It is, therefore, proposed that a lillnkage may be provided betweelln Tehsil MUllicipal

Municipal e Admillnistratiolln allnd the local Police of the area., III this regard Ilnecessary

provisiolln may be illcorporatedcooperated ill the Police Order.

PUBLIC BODIES

9. Role of Chief Justices of the Superior Courts

According to Article 53 ( 1) and Article 77 ( I1) the Chief Justice of the respective High

Courts of the Provinces is to head the pancel for selection of independent members of the

Capital City and Provincial Public Safety Commissions respectively. It is likely that

aggrieved parties may approach the same courts against the selection process; adjudication

on such matters by the same court is against principle of law and justice. The same is

applicable in case of selection panel constituted for independent members of the National

Public Safety Commissions, which is being headed by the Chief Justice of the Supreme

Court of Pakistan; vide Article 89(1) of PO 2002.

Therefore, it is proposed ill all faimessfamines, the respective Public Service

CommissiollnsS may be authorisedauthorized to select the inlldepellndellnt members of the

Capital City, Provillncial allnd Nati{onllal Public Safety Commissiollns. Necessary

amellndmellnts may be made ill Article 53, 77 allnd 89 of the PO 2002.

10. Change of Selection Panel for Members of District Public Safety Commissions District

Public Safety Commissions and the Capital City District Public Safety Commission are the

most important bodies which have been assigned the role of a watch-dog body over the

78

Police. One of their mandated tasks is to redress public grievances and to check the collusion

of interest between the Zila Nazim and District Police Officer. These Commissions are

supposedly to be neutral bodies but with the presence of nominee of Nazim on the Selection

Panel, for the scelcection of indepcendcent mcembcers, the composition of District Public

Safety Commission will have a tilt towards the Nazim. The role of Nazim in selection of

independent members may affect the neutrality of the Commission.

In Order to ensure the neutrality of the Commissions, it is proposed that the two members of

the selection panel may be nominated by the Provincial Public Safety Commission.

11. Effectiveness of Safety Commissions

Public Safety Commissions at the district level are simply recommendatory in nature. They

are to forward their recommendations to the Provincial Police Officer, Provincial Public

Safety Commission and to the Government. None of these authorities appear to be bound to

accept the recommendations made by these Commissions. Therefore, there is a feeling that

these Commissions may remain toothless bodies in the absence of any binding authority.

Therefore, these Commissions should be empowered with .'tOsome binding authority for the

implementation of their directions. In case of non compliance of the directions of the Public

Safety Commissions, the Provincial Govemment Movement and the Provincial Police

Officer should be made responsible to pass appropriate directions to DPO, as the case merits.

12. Rules for the Public Safety Commissions

In all the Provinces, except Punjab, no rules have been framed governing the functions of

DPSC and election of their Chairperson. The rules made in Punjab are also not very

comprehensive and are simply the repetition of the functions of these Commissions as

provided in the Police Order.

Therefore, comprehensive set of rules may be framed governing the Conduct of Business of

these Commissions ensuring uniformity and consistency in all the provinces. The provincial

governments may ensure provision of funds, staff and necessary equipment for smooth

functioning of these commissions.

13. Capacity Building

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The law does not provide any training for the capacity building of the public bodies which is

necessary for the success of these reforms. Members of the commission are not generally

aware of their responsibilities It is therefore proposed that a programme should be designed

for capacity building of the members of the Public Safety Commissions. This training may be

made mandatory, to be undertaken within the first six months of the appointment of the

member.

ACCOUNTABILITY ISSUES

14. Police Complaints Authority

Police Complaints Authority is the most important institution to check the Police excesses.

These authorities have yet to be constituted due to absence of rules regarding appointment of

members. Provinces have been approaching NRB for guidance about the selection criteria of

the members of the authority. More over the authority has to perform the quasi judicial

functions relating to disciplinary matters.

a) It is, therefore, proposed that NRB should propose uniform draft rules for the selection of

tile members of tile authority by the respective Public Service Commissions.

b) It is necessary that tile chairperson should enjoy the confidence of tile people and have

necessary experience in tile field of administration and law. Hence, it is proposed that a

retired judge of tile superior judiciary may be appointed as chairperson of the Police

Complaints Authority.

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15. Code of conduct

Some provisions on duties and responsibilities of a Police officer have been provided under

article 3 & 4 of PO while Article 114, provides that the PPO and Capital City Police Officer

shall issue a code of conduct concerning the matters of search, detention/interrogation and

identification but a comprehensive code of conduct for a Police force is necessary to guide

and shape the behaviour of Police officers to achieve the objective of professional and

service oriented policing.

A draft of proposed code of conduct has been suggested by the research syndicate as

annexure lA' consisting provisions on;

a) Conduct unbecoming of an officer

b) Professional behaviour requirements

c) General conduct requirements

d) Involvement in criminal activities

16. Disciplinary Rules

Present disciplinary rules based on Removal of Service Ordinance 2000 do not fulfill the

requirements of Police discipline. Moreover accountability in an organization depends

largely on the effective disciplinary rules. In our socio-political environment, it is necessary

to place appropriate checks and balances on the discretion of punitive and amputate

authorities to minimize the misuse/abuse of discretion.

A draft of proposed disciplinary rules, inquiry procedures and establishment of discipline &

internal inquiries branch has been placed at annexure IB' and IC' respectively. The main

features are;

a) Time limit fixed for inquires

b) Inquiry through independent officers

c) Better opportunity for the accused to defend himself

d) Discretion of punitive and appellate authorized reduced and rationalized.

e) Creation of separate discipline and inquiries branch

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17. Performance Parameters/Evaluation System

Nature of the Police working is different compared with other fields of services and varies

within. Present performance parameters and evaluation system for the field units and officers

are totally defective and subjective, with little relevance to the required and actual

performance. This has led to the degeneration of performance and a culture of sleaze within

the Police force. To achieve the objectives of reforms, it is essential to change the

performance parameters and evaluation system;

It is therefore proposed that ...service oriented performance parameters particularly for the

field units and officers may be laid down specific to each assignment. The evaluation may be

conducted on the3 basis of performance done against those benchmarks. A separate branch is

proposed to be created for the proper and professional handling of performance appraisal.

18. Supervisory Mechanism

The Police force in Pakistan has the most imbalance officer- men ratio against the minimum

required standards for proper supervision and effective accountability, The supervisory

officers are supposed to command large contingent of force, due to which proper man-

management and discipline of the force is not possible.

It is therefore proposed that officer-men ratio should be brought in accordance with the

accepted principles of man management.

19. Inspection and Internal Audit

Inspection of Police offices and Police stations by !he supervisory officers used to be a

regular feature but with the passage of time the system has collapsed. This has resulted in

deterioration of record keeping, poor maintenance of government property, and financial

embezzlements.

It is therefore recommended that a separate branch may be created for inspection and internal

audit as provide in tile PO. It is proposed that said branch may be headed by an officer of the

rank of DIG along with suitable staff at Provincial level. A draft is proposed in this regard as

annexure 'E'.

FUNCTIONAL ISSUES

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20. Separation of Investigation from Watch & Ward

The most important functional specialization envisaged under the Police Order is separation

of investigation from watch & ward. A separate hierarchy has been created for investigation

purposes. A lot of controversy and divergent opinions exist in the Police and amongst other

stake holders. While functional separation of investigation is useful, the creation of a separate

hierarchy is against the principle of unity of command at the level of Police station and the

district. Moreover, the investigation cannot be de-linked with the other essential functions

and responsibilities of the Police at the Police station and district level. The present form of

separation has diluted the command and functional unity of the field units resulting poor

performance of Police;

It is, therefore, proposed that SP/Investigation at the district level may be placed under the

effective command of the DPO.

21. Change of Investigation

The authority in case of first change of investigation in a general Police area has been placed

with the head of investigation. In case of a province, it is an officer of the rank of Additional

Inspector General of Police, while in case of Capital City/City District it is an officer of the

rank of SSP. The board constituted to recommend the change of investigation is also

supposed to be headed by an officer of the rank of SSP. The authority for change of second

investigation has been placed with the PPO and CCPO respectively without any mention of

city district.

The contradiction is clear where the purpose of law is to devolve the authority and function

of provincial offices, whereas in this case, under Article 18 of PO 2002, the authority to

change the investigation has been centralized at the Provincial level.

It is, therefore, proposed that authority for the first change of investigation may be placed

with the regional Police officer in case of provincial general Police area while in case of

capita/city/city district, the authority may be placed with tlte CCPO and head of Police City

District.

b) The authority for change of second investigation may be placed with the PPO for all the

general Police area in the province.

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22. Capacity Building and Training

There is a serious crisis of training of manpower in Police where the training has been long

neglected. Not only the behaviour and orientation of Police can be changed without proper

training but it is also necessary to enhance their professional capacity. Presently professional

training of Police officers as an ongoing process is absent in the existing system. A Police

officer is required to go through a professional course only at the time of promotion to the

next rank.

It is therefore recommended that the training courses and facilities in the training institutes

should be upgraded on priority basis.

Every officer ill the force from constable to the SP rank should attend a professional course

of at least 15 days in a calendar year.

The course for every rank may be designed according to the nature of job and duties

performed by the officer.

Annual increment and promotion should strictly be linked with the professionalized training

courses.

23. Duty Time off

The prevalent Police culture does not allow time-off from duty. This has greatly contributed

towards the complex psycho-social problems of the Police officers thus affecting their

normal behaviour on duty.

It is, therefore, proposed that compulsory time off from duty and periodic leave to all Police

officers may be provided which will certainly have positive effects upon their behaviour.

24. Enabling Working Environment

The modern management theories assign an important role to a better working environment

which is necessary for a civilized behaviour and optimum work output. The working

environment of the Police station with only rudimentary facilities is simply unacceptable in

its present form.

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It is, therefore, proposed that the Police stations may be provided all the necessary basic

facilities to enable the Police officers to feel a sense of dignity.

FINANCIAL ISSUES

25. Financial Incentives

Financial remuneration and other benefits play an equally important role in better behaviour

and performance or the public servants. According to current management theories, if the

bask needs of an employee are not met, it is difficult for him to behave normally and desist

from corruption. The job of Police officer is entirely different from other government

servants because of the risk of exposure to life threatening situations. Also the power and

authority vested in a Police officer would inevitability result in extortionist behaviour if the

Police continue to be underpaid and un-rewarded.

It is therefore, proposed that a special salary structure for the Police officers may be

approved. Initially, the officers who are assigned important field duties like investigation,

may be given a special salary package.

26. Funding for Police Reforms

The Police Order envisages creation or separate Police establishments and functional

specialization of Police. Complete implementation in this regard requires an adequate

infrastructural support in terms of buildings, machinery, equipment, transport, human

resources, which require huge financial allocation. The Federal Government has promised to

provide financial assistance to the tune of Rs. 14 billion for Police reforms spread over a

period of ten years. However, for the success of reforms 1, it is imperative that the funds may

be released over a shorter time span.

It is proposed that the Federal Government may consider providing the required funds to

implement the Police reforms on a priority basis.

CONCLUDING REMARKS

Police Reforms have been introduced to achieve the objectives of good governance. The

complete implementation of Police Reforms needs a strong political will and commitment

which at the moment is moving at a slow pace. The Reforms are a long-term effort dependent

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upon building institutional capacity of the Police. A capable Police means a safe and secure

society relatively free from crime and violence. It is an essential component for building a

civil society and democratic system of governance, a pre-requisite to advancing other

developmental efforts.

Therefore all the stake holders must shed their prejudices to make the reforms a success

otherwise it will be too late to have a security and progress in the country.

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