Autonomy of the police: need of the hour… Sajjad Hameed Yousafzai

The police institution is one of the crucial law enforcement agencies for maintaining law and order within a society. It plays a pivotal role in the implementation of laws. A state is not only duty-bound to refrain from violation of rights and civil liberties of the general public, but it is also under an obligation to play a positive role to prevent the abuse of citizens fundamental rights and ensure its protection proactively.

A state cannot fulfil this duty except with an autonomous and independent police institution. Police are always at the forefront, tasked with preventing commission of crimes, and if committed, investigating them to serve justice. This is the only way to maintain law and order and ensure the fundamental rights stipulated in the Constitution. Effective and independent policing guarantees peace and rule of law. It also serves as deterrent against the commission of crimes. But unfortunately, we have never let this institution thrive and breathe freely.

The Sindh Government has attempted many times to gain more control over the police institution by amending the Police Act, 1861 and Police Order, 2002. Before the Police Order, 2002, Police Act, 1861 was in force to oversee the affairs related to the administration of the police institution. The Police Act, 1861 was repealed through 2002 Order and significant changes were made to the autonomy of command and independence of police operation. Unhappy with the Order, the Sindh Government repealed the 2002 Order and revived the erstwhile Act of 1861 through legislation in 2011. Dissatisfied with this as well, the Government once again passed an amendment act in 2019, which revived the Police Order 2002 but with certain changes that were more in line with Governments preference in order to gain more control over the police institution in terms of transfers, postings and appointments. This was something which significantly affected the autonomy of police command and its operation.

In this regard, the High Court of Sindh has rendered a judgment, Muhammad Jibran Nasir vs Fop and others, where the Court reaffirmed its earlier view on the autonomy and independence of the police institution from government influence. The Court, referring to its earlier judgment, Karamat Ali case, constantly emphasises for a police institution whose officer can work without any influence, their tenures are determined and they are not frequently made subject to transfers.

The amendments had relegated the role of IG Police to a secondary position and elevated that of the CM to primary position in various matters, including the transfer, appointment and posting of police officers to different designations. A police department can be better operated, administered and managed by the police officials themselves rather than by CM or any other person not part of the police institution. The Court has declared these amendments as ultra vires the Constitution and has warned that days of the colonial era, when the police were supposed to serve the governor, the British Raj, and suppress the governed, the general public, are over.

For effective policing within a state, it is necessary that the police institution is independent and autonomous in its operation, function and administration. Any external influence on the police institution could substantially impact the overall justice index and rule of law.

Unfortunately, Pakistan ranks at the bottom of the justice index. It has conviction ratio of barely two per cent throughout the country. The state of affairs regarding investigation is deplorable and pathetic. The primary reason is that we lack an independent and autonomous police institution capable of working diligently free from any influence, whether from a politician, a businessman, an officer or any other influential individual.

Therefore, we must advocate for autonomous and independent police institution where the transfers, appointments and posting of police officers are determined not by the executive but through an internal mechanism free from influence.

Courtesy The Express Tribune