Download PDF file - Human Rights Commission of Pakistan

Analysis and recommendations 49action or to sub-section (2), discipline a Police Officer in accordance with the Punjab Police Efficiency and DisciplineRules, 2010.(4) A Police Establishment Board shall be established and:(a) The Board shall have the Provincial Police Officer as the chair, and three other senior officers as theProvincial Police Officer may deem fit as its members.(b) The Board shall discharge the following functions, namely:(i)(ii)to decide on appeals, complaints and give general guidelines relating to all transfers, postings,promotions and other service related matters of police officers of and above the rank ofAssistant Superintendent of Police, subject to the provisions of the relevant service laws asmay be applicable to each category of police officers;to function as a forum for appeal for disposing representations from officers of the ranksof Superintendent of Police and above regarding their promotion, transfer, disciplinaryproceedings, or their being subject to illegal or irregular orders;(5) Officers in specialist cadres shall be promoted to higher ranks in the manner prescribed by theProvincial Police Officer in accordance with section 7 of this Act;”Section 22- Separation of Investigation from other functionsIt makes sense for investigations to be under the supervision of the Officer in Charge (SHO) of the policestation because it ensures that the SHO will have an understanding of everything emanating from his thana ratherthan merely law and order. In this way he can better manage resources at his disposal.However, Section 22 as it currently stands permits up to three transfers of investigation for reasons to berecorded in writing. It is understandable that transfers under certain circumstances may be required when theinvestigation appears tainted, biased or faulty. However, the DPPA does not indicate what some reasons for transfermight be. Thus, transfers of investigation without guidance on when and how such transfers should take place couldresult in unnecessary delays in the already slow investigation process. It also has the potential at times of undueinterference into an investigation. Finally, three investigations would involve huge additional costs to be borne by thedepartment.Thus, transfers of investigation without guidance on when and how such transfers should take place couldresult in unnecessary delays to justice and extra costs for the police. First, any transfer must be accompanied withan inquiry on why a transfer was necessary. Second, criterion should be clearly laid out as to when circumstanceswarrant a transfer of investigation.Finally if an investigation is transferred sanctions need to be put in place against the Investigating Officer.This would lead to improved and conscientious investigations as well ensure greater accountability of the police ininvestigation matters.22. RecommendationSub-sections (4) and (6) of Section 22 should be amended, current sub-section (5) should be deleted and asub-section should be added at (7). Amended Section 22 should read as follows (with (7) changing to (6) with thedeletion of (5)):22.(1) “All registered cases shall be investigated by the investigation staff in a police station under thesupervision of the Officer in Charge of the police station. The investigation staff shall not be employed for dutiesother than investigation except with prior approval of the District Police Officer.(2) The District Police Officer and the officers in charge of a police station, sub-division and divisionshall supervise all cases under investigation in their jurisdiction. During investigation any of them may summon the