KARACHI: Inspector General of Police A. D. Khowaja claimed on Saturday that “encounters” did not reflect the failure of the police but of the criminal justice system.

In his concluding remarks at a seminar, ‘Effective and accountable policing’, the IG said it was extremely difficult to strike a balance between effective policing, due process and people’s expectations.

The event was organised by the Citizens-Police Liaison Committee.

Citing three recent high-profile incidents in which youths were killed by police — Naqeebullah Mehsud, Intizar Ahmed and Maqsood — the IG conceded the shortcomings of his department, but added it was perhaps for the very first time that the police presented themselves for accountability before the judiciary and society.

Referring to civil society petitions through which he was granted “administrative autonomy” by the apex court, IG Khowaja said that transfer and posting was not only the job of his office as he had to plan strategically.

He also complained of a lack of financial autonomy and wondered how the police would work without a proper budget. He said six months ago, Rs10 million was announced for heirs of each policeman killed in the line of duty as compensation but the home department had so far failed to do proper paperwork to this effect.

“We have serious problems but we have to improve efficiency and everybody has to play his role,” he said.

Long-term detention presented as a solution to end encounters, enforced disappearances

He believed that policing was responsibility of the community.

Citing the 1934 police law, he pointed out that police were to assist the community in prevention and detection of crimes. If certain officers created problems, then “we have to work together to get rid of them”.

“Together we have to stand for rule of law,” he added.

He said that police had given tremendous sacrifices for protecting life and property of the people as 1,183 policemen were killed from 2007 till today.

In an apparent reference to former president’s TV talk, the IGP said the Karachi police had offered “great sacrifices” for peace in the city as some 53 out of 54 officers were killed for only being “proactive during Karachi operation”.

‘Long-term detention’

Lawyer Faisal Siddiqi suggested that “long-term detention” could be an immediate solution of police encounters and enforced disappearances.

He believed that the police were both part and solution of the problem. Citing the Perween Rahman case, Advocate Siddiqi said the police messed up the case but it was now being resolved.

He said usually police reforms took place through a political process but such process was lacking particularly in Sindh where ruling elites first revived the colonial police law to “establish order for elites”.

Secondly, they changed the top brass as they did not want public servants but they wanted private servants. Only administrative autonomy was not sufficient as financial autonomy was imperative for police, he added.

He suggested the IGP to devise a mechanism of accountability or complaints at the police station level and conduct review of such complaints on a monthly basis. “If you can’t end corruption and violence, at least draw some red lines,” he said.

He asked the IG to get rid of those officers who were involved in corruption and violence, initiate accountability and transparency.

‘Judiciocracy’

He warned if reforms did not take place, the society may face further degeneration and chaos. He pointed out that since 1980s, a wave of “constitutional governance” had taken place in several countries. Besides, since 1970s, human rights movements had taken place in the world and at least 200 countries had agreed to implement some kinds of rights.

Moreover, the world was moving towards what he called ‘judiciocracy’ as all over the world from Africa to Latin America, the judiciary had taken keen interest in public interest litigations through suo motu notices.

He recalled that the judiciary in Pakistan had first taken a suo motu notice in 1990.

The eminent lawyer pointed out that the problems for which the judiciary was taking suo motu notices were in fact the problems of 19th century not of 21st century.

“But our ruling elites are living in the 19th century and they think that they can fight with history or the world but it is not possible,” he added.

Former federal minister Javed Jabbar stressed the need for “democratic reforms” to bring about police reforms as he regretted that subsequent democratic regimes had reversed the police and local government reforms.

He also urged the army to help the police in tracing absconding SP Rao Anwar.

Zardari slammed for calling Rao Anwar ‘brave kid’ Civil society activist Jibran Nasir took strong exception of former president Asif Zardari’s interview to a TV channel in which he termed fugitive SP Rao Anwar a “brave kid”.

He also regretted the attitude of the police as the family of Maqsood had filed an application for lodging an FIR at the Sharea Faisal police station on Jan 26 but till today the FIR had not been registered.

He urged the police authorities to make the city safe instead of protecting personalities. He said it was an injustice to the police to turn them into a “private security” company.

Anis Haroon, a representative of the National Commission for Human Rights (NCHR), appreciated the establishment of the human rights cells at police station level but suggested their effective monitoring.

She also urged the CPLC for an effective role in registration of FIRs.

Senior journalist Mazhar Abbas suggested that policemen should not be given monetary rewards till the courts gave verdicts.

He believed that the Police Order 2002 was abolished because it suggested some kind of checks and balances.

Similarly, a monitoring committee was opposed both by the government and law enforcers when the Rangers-led targeted operation was launched in 2013 in Karachi because they did not want any checks.

Modern police law needed DIG South Azad Khan gave a presentation about Naqeeb, Intizar and Maqsood murder cases.

He said the police officials involved in these cases had been proceeded against under criminal charges and departmental proceedings. “Positive criticism is always welcome, however, undue criticism lowers the morale of police, which has a negative bearing on police performance and law and order.”

The Sindh police were in a transition phase from the regime policing to democratic policing and they needed strong public support, he said.

He regretted that the police were still being governed by the 1861 police law, which was not consistent with the principles of democratic policing. He suggested a “modern” police law that made police truly accountable to the law and people.

CPLC chief Zubair Habib and founding member Nazim F. Haji also spoke.

Published in Dawn, February 18th, 2018