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Download PDF file - Human Rights Commission of Pakistan

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128Revisiting Police Lawsand disorderly characters;obey and promptly execute all lawful orders; perform other duties and exercise powers as are conferred by this Order, the Code or any other lawfor the time being in force; aid and co-operate with other agencies for the prevention <strong>of</strong> destruction <strong>of</strong> public property byviolence, fire, or natural calamities;assist in preventing members <strong>of</strong> public from exploitation by any person or organized groups;prevent harassment <strong>of</strong> women and children in public placesWith regards to the apprehension <strong>of</strong> suspects, Mr. Khosa emphasised that the lodging <strong>of</strong> a FIR (FirstInformation Report) is not a sufficient ground to apprehend suspects. This is a practice that the <strong>Pakistan</strong>i police havebeen carrying out and it needs to be stopped. Secondly, <strong>of</strong>ten suspects are not allowed to communicate informationabout their arrest to a person <strong>of</strong> their choice and this too is an illegal and unfair practice that must cease immediately.Due to a lack <strong>of</strong> responsible oversight these practices have continued. However, the new law carries a punishmentfor any police <strong>of</strong>ficer that deprives a citizen <strong>of</strong> their rights upon arrival at the police station.Article 9Superintendence <strong>of</strong> police vests in the provincial government. Hence, under the Order the control <strong>of</strong> thepolice is not bureaucratic but lies in the hands <strong>of</strong> the Chief Minister and Cabinet. Superintendence is to be exercisedin order to ensure that the police perform its duties efficiently and strictly in accordance with law.Mr. Khosa stated that there is a perception that too much power has been given to the police but that is nottrue. The IG’s power has only been unified and there is nothing in the new law that provides the police with powersbeyond those which are necessary for its functionality.Article 10Administration <strong>of</strong> police resides with the IGP. Under the Order the power to promote police <strong>of</strong>ficers willno longer lie with the Chief Minister. The IG will be in charge <strong>of</strong> promotions and the IG is responsible to the ChiefExecutive.Articles 11 and 13The posting <strong>of</strong> the capital city police <strong>of</strong>ficer, Additional IGs and DIGs will be done by the governmentin consultation with the IGP.Article 15Article 17Article 18The posting <strong>of</strong> DPOs by the IGP are to be done in consultation with the government.Posting <strong>of</strong> SSP/SP, other than DPO, is to be done by the IGP.Separation <strong>of</strong> investigation is to be conducted as follows:Article 33Investigation branch to be headed by additional IGP Investigation by separate investigation staff in police station and District (Article 18 (3)) Transfer <strong>of</strong> investigation twice only (Article18 (6))In regards to the relationship <strong>of</strong> police with the Zila Nazim, the District Police should be responsible to

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