Download PDF file - Human Rights Commission of Pakistan
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44Revisiting Police Lawsreplaced by “preserve and promote public peace”. This shift towards a “police service” rather than a “police force”should also be reflected in every meaningful accountability measure currently absent from the DPPA. The preservationand promotion <strong>of</strong> public peace must be included to ensure a holistic view <strong>of</strong> policing.4. b RecommendationSection 4(b) should be amended to read as follows:“4(b) maintain law and order and security and preserve and promote public peace”Section 4(c) directs the police to “ensure that the rights and privileges, under the law, <strong>of</strong> a person taken intocustody, are protected”. This provision should be amended to ensure that the police are held responsible for everyperson in their custody.4. c RecommendationSection 4(c) should be amended to read as follows:“4(c) ensure that rights and privileges <strong>of</strong> all the citizens under the law including personal safety andwell being <strong>of</strong> a person taken into custody, are protected”Section 4(s) requires the police to support alternative dispute resolution mechanisms. Alternative disputeresolution is not a function <strong>of</strong> the police and must be left to persons competent to handle the same. Since there isgreat potential for the police to abuse their substantial powers under the rubric <strong>of</strong> “alternative dispute resolution”, thispart <strong>of</strong> section 4(s) must be deleted.4. s RecommendationSection 4(s) should be amended to read as follows:“4(s) create and maintain a feeling <strong>of</strong> security in the community, prevent conflicts and promoteamity by obtaining the cooperation <strong>of</strong> the community”Responsibilities <strong>of</strong> Police towards ProsecutorsThe Punjab Criminal Prosecution Service Act, 2006 prescribes responsibilities <strong>of</strong> police towards prosecutorsin its section 12 which requires <strong>of</strong>ficer incharge <strong>of</strong> a police station or the investigation <strong>of</strong>ficer to (i) immediatelyreport to the District Public Prosecutor, the registration <strong>of</strong> each criminal case, (ii) send report under section 173 <strong>of</strong>the Code <strong>of</strong> Criminal Procedure, 1898 (CrPC), (iii) convey reasons for delay in investigations, (iv) comply with thedirections as regards the police report under section 173 <strong>of</strong> CrPC. 2A lot <strong>of</strong> problems in the prosecution <strong>of</strong> <strong>of</strong>fences arise due to the extremely slow paced action after the filing<strong>of</strong> FIRs and investigation <strong>of</strong> cases by the police. The provisions <strong>of</strong> the Punjab Criminal Prosecution Service Act,2006 and CrPC are not being followed by the police. 3 It is important that the responsibilities laid down in the PunjabCriminal Prosecution Service Act, 2006 are acknowledged in the Police Act for the province in order to strengtheninvestigation and improve effectiveness relative to the time frame <strong>of</strong> investigations by the police.Section 4(3). RecommendationIt is recommended that a sub-section should be added after Section 4(2) as follows:(3) It shall be the duty <strong>of</strong> an <strong>of</strong>ficer incharge <strong>of</strong> a police station or the investigation <strong>of</strong>ficer to perform theirduties in terms <strong>of</strong> Punjab Criminal Prosecution Service Act, 2006 or any other law for the time being in force,including but limited to(i)immediately report to the District Public Prosecutor, the registration <strong>of</strong> each criminal case;(ii) send report to the District Public Prosecutor under section 173 <strong>of</strong> the Code;(iii) convey reasons to the District Public Prosecutor for delay in investigations;(iv) comply with the directions <strong>of</strong> the District Public Prosecutor as regarding the report under section