KARACHI, April 18: The setting up of a district public safety commission (DPSC) and the provincial police complaint authority, as envisaged under the new police law, has been further delayed.
Well-placed sources said that recent high level meetings avoided a discussion on the formation of the DPSC and the police complaint authority, the two institutions visualized to safeguard larger public interest.
On the contrary, these meetings discussed the procedure about promotion of inspectors, and deputy superintendents to next ranks.
Sources said police officers had two meetings — first with the chief minister and the second with the law department — where it was finalized that in future the police department would deal with promotion matters of its officials.
They said at one of the meetings, presided over by Chief Minister Ali Mohammed Mehar, high-ranking provincial government officers objected to empowering police high-ups to promote inspectors to the rank of DSPs and DSPs to SPs, contending that the police should not be given such powers and these promotions should be made by a body from outside the police department.
The police officers, however, maintained that the new police order had empowered them to deal with promotion matters in the police department and the officers concerned knew better about the performance and skills of their subordinates.
The sources said the police high-ups claimed that after the implementation of the new police order, new promotions by the chief secretary or home secretary would stand null and void and the aggrieved policemen, who would not be promoted, could move court with regard to their cases.
After heated arguments from the two sides, the chief minister gave his decision in favour of the police, saying promotions should be made in accordance with the new police order 2002.
The sources said a follow-up meeting was held with the Sindh law department, where the same objections were raised that police officers should not be given powers to promote their subordinates. However, in view of the approval from the chief minister and the implementation of the new police order 2002, the law department assured the police department that a notification would be issued in favour of them.
The sources said the much-needed capital city district public safety commission (DPSC) was still in pending, which was also envisaged in the police order 2002. Without DPSC and police complaint authority, the police order and police reforms could not be implemented in letter and in spirit.
They said these two organizations would not only minimize but also eliminate political interference in the workings of the police department. The setting up of these two organizations was being delayed due to political considerations and pressures.
Chapter VI and article 49 of the police order 2002 says the Provincial Government shall establish a Capital City District Public Safety Commission in each district consisting of 12 members, depending upon the area and population of the district.
Its article 56 reads: “(a) The Capital City DPSC shall approve an annual Local Policing Plan prepared by the Capital City Police Officer in consultation with the Zila Nazim setting out the arrangements for policing during the year: Provided that such Policing Plan shall include - (i) a statement of the financial resources expected to be made available by the Provincial Government; and (ii) performance targets for the year and their delivery mechanism.”
Article 56 (b) says DPSC shall evaluate the delivery of performance targets contained in the Local Policing Plan on a quarterly basis and send half-yearly reports to Zila Nazim, Tehsil Nazim, Provincial Government, Provincial Public Safety Commission and Provincial Police Officer. (c) DPSC shall encourage police-public cooperation. (d) It shall provide recourse to Capital City Police Officer for reporting against any unlawful or malafide order or request for police support from any authority received by him or any officer subordinate to him and give a decision thereon which shall prevail.
The same article’s section (e) reads that DPSC shall refer the matter in writing to the Provincial Government for appropriate action where the Capital City District Public Safety Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and Capital City Police Officer. Provided that before making such report the Capital City Police Officer and the Zila Nazim shall be given an opportunity to be heard in person to explain their respective positions.
Section (f) of article 56 reads: “DSPC shall direct the Capital City Police Officer as to disposal of unclaimed property under clause (4) of Article 135; (g) direct the Capital City Police Officer in writing, where the Capital City DPSC has reasons to believe that the head of the police station has unjustifiably refused or avoided to register any First Information Report, to conduct an inquiry into the matter and cause the registration of the FIR under section 154 of the Code, if any cognizable case is made out from the allegations of the complainant and report to the Capital City District Public Safety Commission within 48 hours the action taken by him.
(h) DPSC shall on receipt of a complaint of excess by a police officer; (i) direct the Capital City District Police Officer in writing to take appropriate action and submit a report within a specified period; or (ii) conduct a fact- finding inquiry through two or more of its members, and in case the complaint is found correct, send its report and direct Capital City District Police Officer to suspend the defaulting police officer and take departmental action against him in accordance with the rules; (iii) report the matter to the Provincial Government or the Police Complaints Authority for appropriate action if the Capital City District Police Officer does not submit a report or take action on the direction given by the Capital City Public Safety Commission; (i) direct the Capital City District Police Officer in writing to inquire into a complaint of neglect in general or by a functionary of a district police and take appropriate action and report within the specified period.
(j) DPSC shall on a complaint of excess committed by any member of Federal Law Enforcement Agency and civil armed forces acting in support of the district police, require the appropriate authority of the concerned department in writing to take remedial action and report within a specified period. If no action is taken by the authority concerned, a reference may be made by the Capital City DPSC to the head of organization concerned or the Federal Complaints Authority for appropriate action.
Its article 60 reads: “Secretariat. - (1) The Government shall establish a permanent secretariat of the Capital City District Public Safety Commission. (2) The Secretariat shall be headed by an officer of BPS 17 who shall be appointed in consultation with the Commission by the Provincial Government (3) The Secretariat shall consist of such number of officers and staff as the Government may, in consultation with the Commission, determine from time to time.”
According to article 103, the provincial government shall establish a Provincial Police Complaints Authority for inquiring into serious complaints against the police.
