Instant ‘justice’

Published April 21, 2014

LASHING out at the police seems a ploy adopted by the rulers to vent their frustration at the systemic failure for whom they themselves are mainly responsible. “Our police system has gone dysfunctional,” the Punjab chief minister told the media recently, while castigating the police for mishandling a rape case.

Not satisfied with the arrest of three suspects, he warned the Punjab police inspector general and Sahiwal regional police officer of suspension if a fourth suspect — apprehended later —was not arrested within 48 hours. Four policemen were suspended. I can only sympathise with one of the most gentle police commanders of Punjab who was warned he could lose his rank.

In such cases, the police will go to any lengths for their boss to avoid the humiliation of suspension from service. And this includes the resort to detaining and torturing the kith and kin of a runaway suspect to pressure him to surrender.

There are a few time-tested methods of human rights violations which earn kudos from a police command subjected to the anger of politicians who want to shake the slovenly cop culture out of its slumber. These violations range from the milder though illegal practice of detaining the father, brothers or close male relatives of a fugitive, to physical torture.

Sometimes such measures include the detention of female relatives, with the police banking on ‘honour’ as an instrument of surrender. At times, disgustingly innovative methods of torture and detention are employed. Our police can unfortunately stoop to the lowest depths of depravity and a macho feudal mindset even justifies their brutal tactics in the quest for speedy ‘justice’.

As against the rape incident demonstrating police negligence and inefficiency, another case of prompt police response is worth looking at in the context of our governance culture. A school teacher who was suspected of kidnapping, raping and murdering an 11-year-old was killed recently by the Khanewal district police. That teacher, along with the principal of a school allegedly subjected a Class-V student to rape, after which the child was killed and buried.

When the parents reported their child was missing, the police, after interrogating the principal, went for the teacher, who with the help of a former elected official courted arrest and admitted his offence. This was undoubtedly a gruesome act.

The accused did not deserve mercy but his right to trial and due process could not be denied. However, police claimed that while being taken to Lahore for a DNA test, the culprit under custody attacked the policemen and tried to snatch their weapons and was killed during the fight. Thus was the child’s murder avenged by the men in uniform.

The bereaved family’s grief was somewhat mitigated. Police commanders reported the case of instant ‘justice’ to the top echelons. Chest-thumping, accolades and pats on the back followed. How dare a suspect in handcuffs attack the policemen and try to snatch their weapons! He had to be eliminated there and then rather than be allowed to face a court of law. Well done, Punjab police!

Is our police system dysfunctional? Is this the ideal way to maintain law and order? Ah, the nostalgia for the police under the Raj! The Punjab police of the British era were nasty and brutish but efficient and effective. Is that the police force we want? Why not reminisce about the Mughal era? The kotwal was effective. He was an important functionary of the king’s court.

The 21st-century policemen in Pakistan should also act like courtiers and carry out the rulers’ orders. They should forget that rule of law requires patience, professionalism, competence, autonomy and painstaking work to investigate cases, howsoever awful.

What is the need of an independent judiciary that wants due process and rule of law? State prosecutors and executive magistrates were better. Staged and fake police encounters were condoned and covered up. Arms could be twisted and political opponents silenced. Nuisances like the free media and human rights commissions were not there.

I agree when the Punjab chief minister laments that “police today have all the modern gadgets and fast mobility but they fail to detect and arrest criminals”. He is right in pointing out that police must know the spots that breed crime.

But while suspending an SHO, does he ask him about his tenure of posting? Which superman will detect the criminal breeding grounds if his average posting in a police station is for three months? SHOs and DSPs are moved at whim. How many SHOs and DSPs have been suspended for seeking political favours and violating the chain of command? These questions should be kept in mind if respect for the law is to take precedence over knee-jerk justice.

The writer is a retired police officer.

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