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Download PDF file - Human Rights Commission of Pakistan

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10Revisiting Police Lawsfor violation <strong>of</strong> law. Article 44 for the functions <strong>of</strong> the District Public Safety <strong>Commission</strong>s.Article 80 <strong>of</strong> the Police Order, 2002 describes functions <strong>of</strong> the Provincial Public Safety <strong>Commission</strong> and ComplaintsAuthority that include power to “make recommendations to the Government for promoting integrity, efficiency andeffectiveness <strong>of</strong> Police”. The original paragraph b <strong>of</strong> clause 1 under Article 80 empowered the <strong>Commission</strong> to “takesteps to prevent the police from carrying out any unlawful or mala fide orders or directions from any authority to anyfunctionary <strong>of</strong> the police through-out the Province and in case such orders are brought to the notice <strong>of</strong> the commissionit shall have the powers to intervene and its decision shall prevail” which was amended under the AmendmentOrdinance <strong>of</strong> 2004 to “take steps to prevent the Police from engaging in any unlawful activity arising out <strong>of</strong> compliancewith unlawful or mala fide orders”Presentation by Jawad Dogar, SSP, Punjab Police at “Police Reform in <strong>Pakistan</strong>: Beyond Analysis”, a Joint CHRI-HRCPConsultation, Lahore, 28 November 2008. Mr, Dogar felt that the Order faced a lot <strong>of</strong> resistance due to the organisationaland personal resistance to change displayed repeatedly by <strong>Pakistan</strong>’s institutions, coupled with the psychologicalbarriers <strong>of</strong> those with influence.32 Articles 37, 73 and 85 <strong>of</strong> the Police Order, 2002 provide for establishment <strong>of</strong> District, Provincial and National PublicSafety and Police Complaints <strong>Commission</strong>s and National Public Safety <strong>Commission</strong>s respectively. These commissionshave somewhat similar roles to play but at different levels. However, performance <strong>of</strong> district commissions alone hasbeen discussed as it is the first point <strong>of</strong> contact for the aggrieved public.33 Articles 80 (1) (b) & 44 (e) <strong>of</strong> the Police Order, 2002.34 See Article 38 for composition <strong>of</strong> the District <strong>Commission</strong>, and Article 44 for functions <strong>of</strong> the <strong>Commission</strong>, ibid.35 Analysis and data presented in Police Performance in Post Police Order Context, supra note 6. Due to the nonavailability<strong>of</strong> data for more recent years 2004 figures have been quoted. It would appear to be outdated but the writeris <strong>of</strong> the view that the performance <strong>of</strong> the commissions never improved. In fact, the commissions at all levels <strong>of</strong> district,provincial and federal are non-functional at present. See Annexure B to the Police Order, 2002: a report on PoliceReform in <strong>Pakistan</strong>: Beyond Analysis., a Joint CHRI-HRCP Consultation, Lahore, 28 November 200836 Police Performance in Post Police Order Context, supra note 6.37 No consequences are prescribed if district police do not follow the directions <strong>of</strong> District Public Safety and Complaints<strong>Commission</strong>s. This rendered the status <strong>of</strong> such directions recommendatory.38 All business <strong>of</strong> the <strong>Commission</strong>s is to be conducted in its meeting which shall be participated by at least one-third <strong>of</strong>its total (not present) members. For example, see Article 47 <strong>of</strong> the Police Order, 2002.39 Suddle, supra note 19.40 Jones and Newburn (1997) quoted in Walker, N, Policing in a changing constitutional order, p. 141, as referred to inPolice Performance in Post Police Order Context, supra note 6.In <strong>Pakistan</strong>, the police are a rigidly hierarchical organisation bound by a culture <strong>of</strong> conformity and submission with ahigh resistance to change in all forms. There are physical and infrastructure constraints on the quality <strong>of</strong> training that thepolice can receive in order to successfully absorb change. This was stated by senior police <strong>of</strong>ficer, Jawad Dogar, SSP, at“Police Reform in <strong>Pakistan</strong>: Beyond Analysis”, a Joint CHRI-HRCP Consultation, Lahore, 28 November 2008 (Attachedas Annexure-B with the Police Order, 2002; Chapter 4).41 The Sixth Schedule was omitted by the Eighteenth (Constitution Amendment) Act, 2010. However, the protectionextended to the Police Order, 2002 expired earlier on 31 December 2009.42 Feudal Forces: Democratic Nations Police Accountability in Commonwealth South Asia, (2007), Commonwealth<strong>Human</strong> <strong>Rights</strong> Initiative:www.humanrightsinitiative.org/.../feudal_forces_democratic_nations_police_acctability_in_cw_south_asia.pdf

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