PESHAWAR: The long-drawn-out deliberations on the proposed Khyber Pakhtunkhwa Police Act 2016 have sounded the death knell for the provincial Public Safety and Police Complaints Commission.

The commission was established under the Police Order 2002 to hold the police accountable for excesses against the people on their complaints.

Recently, February 24 to be exact, the home secretary chaired a meeting in the provincial capital to discuss the administrative and legal matters related to the provincial and district public safety bodies.

However, the participants decided to put the things on hold until new legislation on the police is made.

The meeting was attended by officials from the law, establishment, finance and home departments.

The law department officials pointed out that the commission was set up under the Police Order 2002 and under the law, the provincial government was responsible for setting up a permanent commission secretariat headed by an officer not below BPS-20.

They said under the law, the commission should have been attached with the establishment and administration department for budget and matters related to provincial assembly and it was not clear how the present setup under the home department was established.

The law department also suggested legal lacunas can be addressed after promulgation of new legislation and framing of rules and regulations by concerned commission.

According to minutes, the commission director suggested to hold a meeting of the commission to discuss the issues faced by the commission, declaration of secretary of the commission and present working procedures and dealing with public complaints.

However, the forum decided to wait on the matter until the new police law is made.

A home department official told Dawn that the commission had been virtually non-functional since its inception.

He said the Police Order 2002 called for secretary of the commission but the commission got a director instead in violation of the law.

The official said at district level, safety commissions were set up but they’re not linked to the main body at the provincial level.

“Curiously, at district level they appointed the secretary but the charge was given to assistant commissioners, who are not reporting to the provincial commission,” he said.

The official said the dormant body had done nothing for the last three years due to the long-drawn-out deliberations on the proposed Police Act 2016.

The official questioned the logic of framing a new police act saying what was wrong with the Police Order 2002.

“The logic for framing a new law should have been evidence based and its advantages and disadvantages should have been documented,” he said.

The official said before a new law was made, the high-ups should have given a thought to how much of existing law was implemented or were there flaws in it, which were making it necessary to frame a new law.

The official said ideally speaking, the police reforms should have been suggested by the public safety commission, the most relevant body.

He asked what safeguards were there to ensure the proper working of the public safety bodies, which will be set up under the new police law.

“It will be a new law like many others. Nothing concrete will come out of it,” he insisted.

The official said the issue of the new police law had been in limbo for three years; the independent members of the commission had also completed their terms, and a question mark hung over everything due uncertainty surrounding new legislation.

Special assistant to the chief minister on housing Dr. Amjad Ali, who is also a member of the provincial public safety commission, told Dawn that six independent members of the commission completed their tenure few months ago and that a summary for the appointment of their successors had been sent to the chief minister for approval.

He said he would take up the issue with the chief minister during a meeting scheduled for today (Wednesday).

Published in Dawn, April 13th, 2016