Speedy justice still a pipe dream

The architects of the much trumpeted ‘devolution plan’ had made us believe that the new system will help in provision of justice at the peoples’ doorsteps, particularly to the poor segment of the society. More than six years have passed but the dream is yet to be materialised.

Contrary to government’s claims about people’s access to justice and bringing an end to the police highhandedness and prevalent ‘thana culture’, people still have no option but to obey all orders – whether legal or illegal – of police.

One of the major components of the devolution plan was police reforms and for that purpose the Police Act of 1861 was replaced with the Police Order, 2002. Owing to official negligence the Police Order has so far not been implemented in its true sense in the NWFP.

One of the glaring examples of the government’s lack of interest in provision of cheap and speedy justice is the ineffectiveness of the Provincial Public Safety and Police Complaints Commission, which was notified in August 2003.

Under the law, the commission should have 12 members -- six MPAs and six independent members recommended by a selection panel. The provincial body had not met a single time when the provincial assembly was dissolved and the role of the six MPAs in the commission ended.

The commission now has only the independent members, two of them female, and it is not a position to check highhandedness of police or maintain an office to receive public complaints against police.

The commission has been attached with the provincial home department, but the members are not being facilitated so they could play an organised role in the access to justice system.

The officials concerned are not even clear about the tenure of the commission’s present members. Initially, the tenure was five years, but drastic amendments were made to the Police Order in 2004 and the period was reduced to three years.

It is learnt that while a case has been pending with the law department for legal advice regarding tenure of the members, the government on Dec 19, 2007, notified formation of the District Public Safety and Police Complaints Commission in 11 districts -- Peshawar, Lower Dir, Upper Dir, Abbottabad, Mardan, Swat, Karak, Banu, Lakki Marwat, Mansehra, Dera Ismail Khan and Swabi.

The law department’s response is still awaited but the home department on its own has fixed the tenure of new members as three years.

Under the Police Order of 2002, the commission should have the provincial home minister as its ex-officio chairperson and should also have a permanent secretariat to be headed by a full-time officer not below Grade 20.

As former chief minister Mohammad Akram Durrani also had the portfolio of home, he was the commission’s ex-officio chairman, but he did little for making it active.

No permanent secretariat of the commission has been set up and an additional secretary of another department in Grade 19 has been made its additional secretary.

Talking to Dawn, the convener of the independent members, Kifayatullah Jan, said that as per rules the tenure should be counted from inaugural meeting of the commission which was yet to be held.

He said all sanctioned posts of different categories, including three assistant directors, were still vacant and the commission had no office where members could sit and receive public complaints.

He said the members had tried to contact the former chief minister for convening a meeting but he had not paid any heed and that was why rules of business for the commission could not be formed.“As per rules the independent members requisitioned the meeting, but the bureaucrats raised the issue of tenure and sent the case to the law department which further delayed the process,” he said.

Another member, Taj Mohammad Karim, claimed that Mr Durrani had always discouraged them and avoided convening the meeting.

When approached, commission’s additional secretary Dr Jamal Nasir said work on formation of district safety commissions was in progress.About the establishment of a full-fledged secretariat, he said basic facilities were available to continue work.

Surprisingly, the National Reconstruction Bureau also seems to be least concerned as it reportedly did not play any efforts to get the provincial commission activated.

Mr Durrani could not be contacted for he was busy in his election campaign.

Same is the case with the Citizen Police Liaison Commission. The CPLC is working in Peshawar, but it is yet to be formed in other districts.