THIS refers to Mr Afzal Ali Shigri’s article, ‘Judiciary and investigation’ (June 19), in which he has admitted the fact that the Criminal Justice System of the British colonial government was a functional one and its continuation in other countries of the subcontinent proves its efficacy. You wonder as to why a system so effectively functioning elsewhere in the region was mutilated in Pakistan.

The writer has impressed upon the need for a judicial magisterial oversight on the working of the police as well as for scrutinising the investigation of crime. Ironically, under the cited provisions of Cr.P.C., the same functions were being performed by area/executive magistrates under the old system and there were no public complaints.

The new law, Police Order 2002 offered a mix of modern concepts of administrative oversight like Community Policing, Citizens Liaison Committees and Public Complaint Authority, taken from developed countries, primarily based on Tokyo and Seattle models of Public Oversight instead of statutory entities.

Unfortunately, Police Order 2002, was neither put to any public debate nor were the views of the basic stakeholders taken into consideration. It was hurriedly finalised with some adapted innovative features. Academically, it was reactionary in nature and aimed at ridding the police force of any effective institutional checks and balances. Besides, no tangible investment was made to build the professional capacity of the force. Its SOPs and protocol remain the same as they existed under the old system. As a result, reliance is being made on stop-gap arrangements like the deployment of the Rangers in areas where peace and order is under constant threat.

Thus an effective system was replaced by something dysfunctional. If things were to come to such a pass, then you are constrained to ask as to why the erstwhile system was tinkered with. Was it only to abolish one essential component of the old system: the executive magistracy?

Naguib Ullah Malik

Islamabad

Published in Dawn, June 26th, 2017