Election for safety commission to be declared invalid
By Azfar-ul-Ashfaque
KARACHI, July 7: The 2006 election for three City Council members’ appointment to the long-awaited Karachi District Public Safety and Police Complaint Commission (KDPSPCC) is to be declared null and void by the Sindh government, Dawn has learnt. Fresh elections are to be held since the earlier elections violated procedures laid down in the Police Order 2002.
The issue has caused an inordinate delay in the formation of the commission that would help check police excesses and monitor the annual Local Policing Plan prepared by the Capital City Police Officer in consultation with the City Nazim.
On July 26 last year, the City Council elected three members as its KDPSPCC representatives in a meeting presided over by City Naib Nazim Nasreen Jalil.
‘I will go to court’
However, in a letter to the authorities concerned, the leader of the opposition in the City Council, Saeed Ghani, pointed out that this violated the rules of the Police Order 2002. Moreover, he said, Article 38(1)c of the same document was also violated since each councillor cast two votes, one each for male and females candidates. On the basis of these irregularities, he demanded that the election be declared null and void.
Mr Ghani told Dawn that last year, he received a copy of a letter from the Local Government Commission to the city naib nazim, inquiring about the details of the election procedure and her comments. “I did not get any further details regarding the issue,” he said, “but the manner in which the elections were conducted was in violation of the law and I intend to challenge the matter in court once the elected members for the commission are notified.”
He believes that should the City Council elections to the KDPSPCC be held in accordance with the rules, at least one member from the opposition would be elected.
Sections 37 and 38 of the Police Order (Amendment) Ordinance 2004 state that provincial governments will establish a Public Safety and Police Complaint Commission in each district and Islamabad. The commission will be comprised of nine members — three ex-officio members appointed by the government from amongst the members of the Provincial Assembly and National Assembly, three independent members appointed by the government from a list of names recommended by a selection panel, and three members elected by the Zila (City) Council from amongst its members.
The Police Order adds that the three City Council members will be elected by councillors casting one vote each through secret ballot, and the election itself will be conducted by the chairperson of the district selection panel, who shall be a district and sessions judge.
However, the government of Sindh has so far failed to appoint a chairman of the selection panel for the KDPSPCC.
Naib Nazim’s contention
City Naib Nazim Nasreen Jaleel pointed out that her action in chairing the July 2006 election was in line with the Sindh Local Government Ordinance (SLGO) 2001. This states in Section 39(k) that the Zila Council has the power to elect individuals from amongst its members to represent the body in the District Public Safety Commission, while Section 42(4A) holds that the naib zila nazim is the convener of the Zila Council, will preside over its meetings and perform other functions assigned by the zila nazim.
Sources in the city government told Dawn that there was no chairman for the selection panel when the contentious elections were held, and Ms Jalil presided over the meeting as per the relevant clauses of the SLGO.
Fresh elections
However, the provincial government remains unconvinced and has sent a letter to the city naib nazim’s secretariat asking for fresh elections – presided over by the chairman of the selection panel – for the three City Council seats in the KDPSPCC. “Once the government notifies the chairman, we will convene a meeting to hold election,” said an official.
A source in the government of Sindh told Dawn that after these elections are held, it will take about a month to constitute the KDPSPCC.
