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Download PDF file - Human Rights Commission of Pakistan

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46Revisiting Police Lawsthe effect <strong>of</strong> requiring the non-enforcement <strong>of</strong> a particular area <strong>of</strong> law.(2) The Minister must not give directions to the Provincial Police Officer in relation to thefollowing:a) enforcement <strong>of</strong> the criminal law in particular cases and classes <strong>of</strong> cases;b) matters that relate to an individual or group <strong>of</strong> individuals;c) decisions on individual members <strong>of</strong> the police.(3) If there is disagreement between the Minister and the Provincial Police Officer in relationto any direction under this section, the Minister must, as soon as practicable after the disagreement arises,10. Recommendationa) provide that direction to the Provincial Police Officer in writing; andb) publish a copy in the Gazette; andc) present a copy to the Provincial Assembly.”Section 10 should be amended to read as follows:“10. Administration <strong>of</strong> the Police: The supervision, direction and control <strong>of</strong> the police shall be vestedin an <strong>of</strong>ficer designated as the Provincial Police Officer.(1) Responsibilities and independence <strong>of</strong> Provincial Police Officer: The Provincial Police Officershall be responsible to the Minister for:(a) carrying out the functions and duties <strong>of</strong> the Police;(b) the general conduct <strong>of</strong> the Police;(c) the effective, efficient, and economical management <strong>of</strong> the Police;(d) tendering advice to the Minister;(e) giving effect to any lawful ministerial directions.(2) The Provincial Police Officer shall not be not responsible to, and must act independently <strong>of</strong>,the Minister regarding:(a) the maintenance <strong>of</strong> order in relation to any individual or group <strong>of</strong> individuals;(b) the enforcement <strong>of</strong> the law in relation to any individual or group <strong>of</strong> individuals;(c) the investigation and prosecution <strong>of</strong> <strong>of</strong>fences; and(d) decisions about individual Police <strong>of</strong>ficers.Section 11- Provincial Police OfficerIn order to guarantee that the best possible candidates are considered for the important posting <strong>of</strong> PPO, andto minimize the possibility <strong>of</strong> illegitimate political interference in the selection <strong>of</strong> this position, we firmly believe thata properly constituted Provincial Police <strong>Commission</strong> (see Chapter VIII) should have an important role in the vettingprocess.11. RecommendationSection 11(1) should be amended to read as follows:“11. The Government shall, out <strong>of</strong> a panel <strong>of</strong> three police <strong>of</strong>ficers <strong>of</strong> the rank <strong>of</strong> Inspector General<strong>of</strong> Police recommended by the Provincial Police <strong>Commission</strong>, post a police <strong>of</strong>ficer as Provincial Police Officer<strong>of</strong> Punjab.”Section 13- Posting <strong>of</strong> Additional Inspectors General <strong>of</strong> PoliceSection 14- Posting <strong>of</strong> Deputy Inspector General, Senior Superintendent, Superintendent, Assistant

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