December 8, 2001	Saturday	Ramazan 22, 1422

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ISLAMABAD, Dec 7: The President on Friday amended the Police Act to make the police responsible to the newly-elected district Nazims. It also provides for the establishment of District Public Safety Commissions to oversee the working of the police.

According to amendments introduced to Police Act, 1861, the Senior Superintendent of Police will now be called District Police Officer (DPO) who would be responsible to the Zila Nazim for police functions.

The order called Police Act (Second Amendment), 2001, has come into force in the country except in the Islamabad Capital Territory, where the local government has not been introduced.

The DPO will not be responsible to the District Nazim in matters of administration of the district police, investigations of criminal cases and police functions relating to prosecution.

“The District Police Officer will be responsible to the Zila Nazim for police functions under this act but these do not include administration of the district police, investigations of criminal cases and police functions relating to prosecution which will rest with the police.”

The district Nazim, however, will be empowered to take action against police officials in case he finds any person under unlawful detention during his visit to a police station.

The Zila Nazim on the basis of any complaint or information that a police official has committed an act of neglect, failure or excess, may direct the DCO to take remedial measures including registration of a FIR in appropriate cases, within the period specified by him and inform the DPSC.

In case of a difference of opinion between the Zila Nazim and the provincial government on any matter concerning the district police, the decision of the provincial government will prevail. Where any police officer was of the opinion that request for police support was unnecessary, unlawful, or mala fide, he will through his channel of command, report to the DCO who may seek recourse to the District Public Safety Commission.

The Police Act (Amendment), 2001, also provides for the establishment of a District Public Safety Commission.

In every district, the provincial government will, through a notification in the official gazette, establish a District Public Safety Commission consisting of eight, ten, or 12 members, depending upon the size of the district.

Half of the members of the District Public Safety Commission (DPSC) will be elected by the Zila council from amongst its councillors on the basis of each councillors casting only one vote in favour of any candidate through secret ballot, while the other independent members will be appointed by the chief executive of the province from a list of persons recommended by the selection panel.

The law provides that as far as practicable, one-third of both the elected and independent members of the DPSC will be women. Until the appointment of independent members, the members elected by the Zila council will constitute the DPSC. The DPSC, unless dissolved earlier, will continue to perform its functions until the constitution of its successor.

Where the performance of the DPSC was found unsatisfactory, the Zila council may, by adopting a resolution by two-thirds majority of its total membership, recommend to the provincial government for the dissolution of the DPSC. The provincial government, will decide within 15 days whether to retain or dissolve the DPSC.

The independent members of DPSC will be selected by a panel consisting of district and sessions judge, who will be chairperson, and one nominee each of the chief executive of the province and Zila Nazim.

The selection panel will invite applications and nominations from the general public for selection of independent members.

The DPSC could direct the DPO to register FIR to conduct an inquiry into a matter and registration of FIR under section 154 of CrPC if any cognizable case was made out of the allegation of the complainants. In case no action was taken on the recommendation of DPSC the matter would be referred to the provincial government and Inspector General of Police for appropriate action.