KARACHI, March 9: Police have successfully managed to stop the operation of an order by the provincial Ombudsman that provided for the inspection of police station to detect cases of illegal detention.

The police hierarchy got perplexed following the setting up of a committee by the Ombudsman and delegating it powers to enter any police station to inspect lockups. The committee was assigned to conduct investigations if any person was found detained by police illegally.

The order was aimed at keeping a constant check on police with regard to excesses and also providing prompt relief to any victim.

The Ombudsman’s order was warmly welcomed by general public and widely regarded as an appropriate move not only to evolve a system of checks and balances but also to help the police high-ups improve their department’s image and ensure respect of law by their subordinates.

However, the police high-ups feared that the committee’s success in detecting cases of illegal detention and excesses could further tarnish the image of the whole police department. They took the order very seriously presuming that the committee’s activities could expose corrupt practices at police stations.

The IG of Singh, Syed Kamal Shah, had submitted an appeal under section 32 of the Establishment of the Office of Ombudsman for the Province of Sindh Act-1991, to the governor calling for the quashment of the order.

Acting upon the appeal, the governor has kept in abeyance the enforcement of the Ombudsman’s order.

The order read: “In exercise of his powers under section 15 of the Establishment of the Office of Ombudsman for the Province of Sindh Act, 1991 the Sindh Ombudsman Justice (retd) Haziqul Khairi has constituted a committee comprising Mr Abdul Mateen Khan and Mr S. Iqbal Hasan Rizvi, Advisors, Ombudsman Secretariat, with power to enter and search any police station or other premises under the control of police in the province at any time or hour in matters relating to illegal detention of anyone therein and generally to make such investigation as may be found necessary including (a) search such premises and inspect any article, book of accounts or other documents, (b) take extract or copies of such books of accounts and documents, (c) impound or seal articles, books of accounts and documents and (d) make an inventory of such articles, books of accounts and other documents found in such premises. The committee shall submit its reports from time to time to the Ombudsman Sindh along with suggestions/recommendations thereon.”

The Ombudsman had issued this order on Jan 25, 2003.

The appeal for the quashment of the order was submitted on Jan 29 on the ground that it was without lawful authority and jurisdiction. The IG claimed that the already promulgated Police Order 2002, provided a mechanism to track down illegal detention and all other subject matters.

The provincial police chief has contended in his appeal that the new police order had defined the relationship between the district police and Zila Nazim. He quoted section-33 of the police order as mentioning that a “Zila Nazim may visit a police station to find out if any person is under unlawful detention and in appropriate cases may also direct action in accordance with law having regard to the facts and circumstances.”

Mr Shah further referred to the functions of district public safety commission which, on a complaint of excess received by a police officer, could direct the district police officer or city police officer in writing to take appropriate action and submit report within a specified period.

Interestingly, the district public safety commission, as referred to in the appeal, simply does not exist in Karachi. As it is yet to be constituted, the reference seems misleading. If in case the commission was there, it could not provide an immediate relief to a victim of illegal detention.

After the promulgation of the Police Order-2002, the police set up was restructured but no remarkable improvement in the department’s image, effectiveness, efficiency or behaviour has so far been noticed. The general impression that police is a ‘sign of terror’ could not be dispelled.

The governor’s action to stop operation of Ombudsman’s order is not likely to be welcomed by millions of people believing in rule of law and hundreds of thousands of those already fallen victim to police excesses and the victims’ sympathizers.

This may be mentioned here that the office of the governor, on Feb 28, kept in abeyance the Ombudsman’s Jan 25 order on Feb 28. However, the Ombudsman himself suppressed the order on Feb 26 through another order. The new order may have removed the objections by the police.

This order read: “Whereas in view of large number of complaints received by this secretariat against illegal detention of citizens in the province of Sindh by police authorities, it is incumbent on me to exercise my powers for suo-moto action under section 9 and appoint an Inspection Team/Committee under section 17 & 18 of the Establishment of the Office of Ombudsman for the Province of Sindh Act 1991. Now, therefore, I do hereby appoint an Inspection Team/Committee with Mr Abdul Mateen Khan and Mr Iqbal Hasan Rizvi, Advisors, Ombudsman (Sindh) Secretariat as members to monitor illegal detention of anyone in police stations or other premises under the control of police in the province of Sindh at any time or hour and authorize them under Section 15 thereof to enter any such premises and generally to make such investigation as may be found necessary including (a) search such premises and inspect any article, book of accounts or other documents, (b) take extract or copies of such books of accounts and documents, (c) impound or seal articles, books of accounts and documents and (d) make an inventory of such articles, books of accounts and other documents found in such premises. The committee shall submit its reports from time to time to the Ombudsman Sindh along with suggestions/recommendations thereon.”