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TABLE OF CONTENTS
Sr. Page
Topic
No. No.
02. Introduction
5.4 Japan
12. Bibliography
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INTRODUCTION
It has been the desire of human being, to pass live with sense of security—the
security of life, property and honor---This urge compelled every member of a clan and tribe,
even in stone age to nominate one or group of the members from amongst them to regulate
their affairs, ensure peace, and to reprimand or punish those who violate code of conduct.
Protection from outsiders was also their responsibility. However, with transformation of
society from pastoral to feudalism and emergence of concept of statehood, separate force was
created to protect or expand the boundaries. But for community policing, the people
belonging to that community, tribe or town continued to select from among them or
appointed by the king or his nominee to perform duties of policing. Those who were selected
by the king were either paid or rewarded with other favors such as Jagirs or part of taxes
recovery. However the nominees of the community used to perform duties without
remuneration or the community used to contribute for their livelihood.
The Community Policing; which nurtured and matured in United Kingdom was
replicated by United States to a great extent. Some of the European countries specially
Netherlands adopted many provisions of the British Policing system which suited to their
conditions. A success story in Japan have passed through many stages of trials and tests. This
is not say that policing in other European countries is repressive and people look at police
with contempt. In France, where police is otherwise harsh in handling crime situation, but it
is as courtsios as any other police of the western European Countries, even Eastern European
countries, after end of communist era, are on the path of involving community in the affairs
of policing.
STATEMENT OF PROBLEM
The success of Government is perceived, among other actions on peace and harmony
in the country to create and environment where the citizens feel safe and secure. Crime
remains under control efficient police with focus on detection and prevention of crime many
countries in world – Eastern Europe, even our neigbour country India initiated experiment of
community policing in big cities.
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Pakistan unfortunately is passing through the phase, where writ of law is under
challenge. Failure of police to control petty crime, let alone heinous or acts terrorism is the
root cause of widening of gap between Govt. and the citizens. In modern era where peoples
living in remotest places have access to electronic media, control on crime without respecting
and earning confidence of the community by police is a difficult task. Hence in my study
Pakistan is the focus.
The governments’ since societies have had constituted commissions and committees
to examine the causes of police abuses, rise in crime rate, public hatred for Police, study best
police practices in the world, make recommendations and suggest measures to address the
issue.
But ground realities suggests that things are not moving in right directions, police is
as brutal and oppressive as it was few years ago rather it has fallen a tool in the hands of
their mentors and promoters.
The challenge for the Govt. is how to change mindset of police, make it subservient
to citizens, the real stake holders, rather then bowing to power wielders.
This study has been carried out in this backdrop. It has been divided in chapters and sub
chapters, starting with understanding the concept of community policing followed by history
of policing, Community policing practices in UK, Netherlands, USA and Japan. Before
policing in subcontinent, before and during British regime. Cursory look at emerging trend of
community policing in community policy in some European Countries and India policing in
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BIBLIOGRAPHY
Encyclopedia Brattice
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What is community Policing
“Man is social animal and needs to associates with other human beings. As man evolved and
framed societies he also evolved customs that were designed to assure peace among the
members of society”.
The term “Police” from which term Policing is derive of connotes a civic organization
responsible for the protection of and detection of crime and semantically is of Greek origin,
from the word Polis meaning city. The word adopted in English language in eighteenth and
was first used in the designation commissioners of Police appointed for Scotland in 1714.1
Generally accepted definition of Police is that they are authorized by a group, community or
society to regulate their inter personal relations within themselves through measures of
interaction, consultation, and at time use of force. The basic philosophy behind community of
policing is that police is not the sole guardians of crime control, ensuring peace and harmony
in the society but community members have to play active role in ensuring safety and
security of the citizens. Involvement of community members in policing not only help in
highlighting problems, showing their concern but get timely knowledge of the issues and
determing the policing needs of the forms of police intervention. Policing, thus can be difined
a peoples use of force against itself, an arrangement necessary but conceptually un-defined.2
1
Encyclopedia Britica
2
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It took centuries, for a man to transform himself from simple clan to monolithic structures of
changed eating habits. The tribes, therefore, moved in search of arable lands and settled
where he found suitable land for growing of crops. The urge for getting hold of better and
more land within the tribe and desire for expansion of boundaries; resulted into inter tribe
disputes and intra tribe quarrels. The citizens, for safety and to ensure harmony, wanted a
system in which they could resolve internal disputes and enjoy peaceful life; and to achieve
that object, they selected from among themselves to regulate their inter-personal relations
protection from external threats was also the responsibility of that group of persons. “The
system of policing thus existed for centuries in tribes and communities, developing in form
cultural and ethical values, political system and economic conditions of that society what is
now called state. The Mesopotamian, Egyptian, formalize methods of community policing.
Similarly the Arabs and Romans prepare codes and law to regulate party. In post Roman era
the country had _________ protection principle and _____________ a concept that require
societies two distinct law enforcement patterns emerged: Centralized and decentralized. In
The British is called the “mother” of Community policing but there is no a denying the fact
that it is she where the concept of modern community policing evolved. Most of the western
3
Encyclopedia Britannica
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countries have adopted British community policing system: with modifications in view their
The Japanese also borrowed many ideas of community policing from British.
United Kingdom
‘The (British) police as being distinctive but... related to the people whom they serve
by ties of intimate personal association which are not to be found in any other country in the
world. The policeman in London is not merely a guardian of peace; he is an integral part of
its social life. In many a back street and slum he not merely stands for law and order; he is
the trusted handyman of our streets, the best friend of a mass of people who have no other
British Police system, as stands today, is the outcome of centuries old customs and
procedures adopted: practiced, modified, or replaced in the backdrop for variety of reasons
the English police in the nineteenth century were developed over a period of more then 1500
years. Prior to (that) these functions has not been delegated to full-time, separately organized
force or bureaucratic institution. There was strong opposition from political parties to a
proposal of raising paid police for London and elsewhere in Britain for fear of Repression
prevalent in tribal areas of NWFP and Balochistan wasthe extension of its community
policing system in vogue in the early Anglo-Saxon and Norman systems of policing in which
4
Paul G. Shane – Police and People – A corporation of five countries.
5
Ibid.
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the people living in the community were held responsible for each other for acts and
omission of their follow country. This was the mutual system; under which the community
In the north and west of Medieval England there were the “sergeants” of peace and in the rest
of the country the “frankpledge was based on the assumption that law enforcement and
keeping of the peace were communal jobs have responsibility of all the able-bodied man of
the community. “The persons responsible for ‘administrative functions’ of the government
such as ‘tax collection, law enforcement, judicial functions’ and other public tasks assigned
by the Crown that called as” ‘sheriff (shire[county]reeve) he was agent of the Crown. And he
had jurisdiction that transcended feudal boundaries, although it cannot be denied that the
sheriff also had strong ties to the feudal world of which he was a part. This was the
beginning of a national administrative system of which policing was a part (10-d PAP).
However with the passage of time and due to nature of functions, constable and the
sergeant of the peace parted their way and peace process of separate organization started.
Finally, the fourteenth century witnessed the separation of judicial and law enforcement roles
“this is seen in the partnership of parish constable and the justice of peace” This arrangement
continued for next 500 years till early nineteenth century when the reform movement
changed the policing system and modern concept of police force was introduced.
In 1820s Metropolitan police was created through an Act co-authored by Sir Robert
Peel and Sir Charles Rowan. They were appointed co-commissioners, their concept was that
‘benevolent prevention is more social control than repression’ (14 pap). Their concept of
police was based on the “philosophy” that strength of the police should come from a ‘moral
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position’ and not from strength of ‘firepower’. This concept still hold good in British police
system but since mid 1970s use of gun under certain circumstances has been allowed.
The Amalgamation of independent police forces in the counties into larger groups
was started in 1946-1947 but under the National Police Act of 1967, each county is to
establish a single force. Some independence is still accorded the police in Country
Boroughs, although under the direction of the country police authority. An example of the
current organization of British police forces is that of Cheshire. (A of 16pap). The beauty of
working of the British police is that the Chief Constable is responsible for operation of Force
but generally he does not work under Police authority’s directions despite the fact that he is
directly accountable to them. The Police Act places the responsibility for providing an
efficient Police service on a Police Authority drawn from elected representatives of Cheshire
Country Council and the Country Boroughs in Cheshire. They are supplemented by
Magistrates representing the Cheshire Court of Quarter Session and Magistrates from the
The police force outside London Metropolitan jurisdiction is organized and run by the
county but the central government wields “substantial influence” through financial support
The functions of the British police are to ‘keep the peace and assistance to people
who need help with emphasis maintenance law and order, investigation of crime and its
prevention, and traffic control. The maintenance of law and order is the specific
responsibility of the mayor of each municipality, assisted by the national or municipal police
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POLICING IN NETHERLANDS
The modern police system of the Netherlands is the product of diverse historic elements.
‘There are native Dutch elements, French accretions, English and Spanish influences and the
Prior to French take over of Netherlands 1795 the policing in Netherlands was similar
to the British. The functions of Police in urban and rural areas were identical despite their
titles being different e.g. (add 123-B P&P). These officials were entrusted the responsibilities
to perform functions of executive, judicial and law enforcement. But after invasion of
Netherlands in 1795 by France concept of paid police force emerged ‘The force was
organized similarly to that in France. It was under central government direction and control.
Under the central organization there were provincial directors of police. Preventive and
Since new arrangements did not work hence in 1801, the post of Sheriff (SCHAT) was
reestablished but without any judiciary authority. After few years the mayors were made
executive authority after withdrawal of French rule in 1813. and restoration of Dutch empire.
The organization of Netherlands police went many changes between 1801 till 1957 when last
organization of police took place. ‘All police forces are under national regulations, so there is
uniformity with regard to rank, salary, uniforms, qualifications, training, examinations, and
other such details. Costs for police are also paid for by the central government, directly in
the cases where there are national police and through subsidies the municipalities for the
municipal police. The strength of the forces is also set by government regulation through the
Ministry of Interior.’ (125 a pap). But after police performs, enforcement of law is the
responsibility Ministry of Justice through the attorney general and regional attorneys general
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for all police forces. Administration in the hands of the local authorities, answerable to the
Ministries of Justice and Interior. Peace and order is the responsibility of the local authorities,
except under certain conditions when they are under the Ministry of Interior. Internal
organization of municipal police forces is determined by the local chief of police, who is
nominated by the Crown under approval of the Ministries of Justice and Interior.’ (125 b
PAP).
The size of municipalities varies keeping in view population of that municipality mayor is
responsible for the maintenance of public peace and order within the municipality. “The chief
aspect to the Ministry of Justice. Despite the fact that Mayor holds supervisory role over the
police but the police chief enjoys autonomy in the performance of duties. Neither the mayor
nor the local council, which allocate budget for police, can influence or intervene in the
police functions.
Policing in the United States formally took place in seventeenth century. Since pioneers were
migratory from United Kingdom, hence British pattern of policing was followed. But in the
areas dominated by German, French, and Spanish settlers, policing pattern resembling to
their home country was adopted. The institution of sheriffs in rural areas and many counties
of United States is the remnant of British policing. The people always resisted Government’s
Since settlers in United States came from different countries with diversity of culture, race,
language and classed commitment of localism and self defence was very strong. The
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residents resisted organized police and it took years to install police. Thereafter Boston
Police was organized on the same pattern. This model was adopted in other urban areas of
the country.
The organizers of American police literally followed British models, and like British Police it
was un armed police. But with the diversified nature of the society and other social forces,
revolvers were added to the uniform of the New York police in 1858 in the aftermath of
major rioting. In the 1880s the police of Boston was made armed. This was a virtually
complete change from unarmed to armed police throughout the nation’s urban areas. Rural
police traditionally had been armed, as had much of the population. (154a PAP)”.
The responsibly for policing is placed in the executive or administrative branches of the
government; but “the primary responsibility for day-to-day civil police operations lies
almost entirely with local government. Although the state and federal governments exert
pressure on local police operations through legislation and supplemental funding, local
governments for the most part control their own agencies. (156 PAP) 18. There are, however,
specialized police agencies at every level of government in the country, generally without
Since policing is the prerogative of local government throughout the United States. Hence
large police forces are local and primarily urban. In many rural countries the police is too
small, localized, poorly equipped and not properly trained. The tenure of Police is not more
With the passage of time the police and their allies demanded and received greater job
security, freedom from political pressure and professional status. ‘By the 1920s one-year
status, political appointments, and inadequate uniforms were generally gone. Most urban
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police were fully civil service tuned and wore distinctive uniforms provided by their forces.’
(155b pap).
POLICING IN SUB-CONTINENT
The traces of policing in ancient India, are found in the days of Manu regime when “the chief
duty of a king, according to these laws, was to restrain violence and punish evildoers. He has
to keep up patrols and what we should now call police stations or fixed posts, and also many
spies”…… (19A of TIP). But to community policing is traced back in norther part of sub-
continent between 600 BC and 326 BC. In the readings Jat alas in the farm “Self Governing
villages”. However, Kautilya was the first Indian “Michavelli” who advised the King to
activities of the subjects from same profession. He such as agriculturalist, to detect crimes
among the rural populations, merchants, to spy on the industrial and commercial community.
Thereafter there is no trace of any definite policing arrangement during rule of Maurayas and
their immediate success as the king Chundar Gupta would handle criminal not with seniority
The rule of Ashoka was an era of piety, peace and tolerance. This could be for reason that
crime might have declined and need was not felt to maintain a system of policing.
Then traces of community policing are focused during Sher Shah Sori rule when he policing
was not regarded as the concern of the State alone but it has to take the people in confidence
and make them to take an active part in the maintenance of peace. The so after readings of
Jatabas and find traces of community policing institution of village was recognized (add 17 a
OPI).
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The Mugal formalized institution of policing by apposing Kotwals in capital cities and big
town and Faujdar for rural areas. The Faujdar in addition to revenue collection, is was also
responsible for maintenance of peace, control on crime and keep watch on ‘rebellious
chiefs’… safety on highways. Under hims were Thanadars, in charge of posts, whose name
survives to this day, to denote the officer in charge of a thana, or police station. His status
was that of ‘petto of the Faujdars, with no authority to investigate or carryout on any of the
We find community policing in rural India during Mughal period when commission ordinary
crime was the responsibility of the local people, but for that no stipend was paid by the Govt.
The Mughals did not disturb indigenous policing system as far they paid revenue and
maintained peace.
In Mogul policing system Kotwal was a prominent and important figure. The Kotwal
was responsible for city policing of capital city and big towns. He was considered man of
confidence of the King his ear and eyes ---He was the…. “chief of the city police, and to this
day in many cities in northern India the Indian officer in charge of the city police is called the
Kotwal and his headquarters the kotwali”. (21cTIP)…… Subhedars in charge of provinces,
tax farmers were responsible for crime. Village headmen were revenue and police officials
After downfall of Moghul Empire, their police system also started disappearing. But the
Britisher allowed this system to continue wherever it was running smoothly, public was
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contented and crime was under control, very little changes were make but keeping in view
The British are gave priority to their trade and political interest. Crime handling was
considered a local issue. This being the reason that no disciplined uniformed Police was
raised. Irregular Police keeping in view the local situation and condition was organized but in
loose form.
When crime situation went out of control and local Zamindars failed to control or extend
support in curbing the crime it was decided to disband irregular forces. Zemindars and others
who had hitherto maintained thanadars and police establishments were required to disband
them forthwith and entertain them no more. Magistrates of districts were ordered to divide
with appropriate establishment. These darogahas were to be appointed by the magistrate, but
they could only be dismissed by the Governor General in Council”. (26a TIP).
Despite strengthening the post of Darogha crime did not decline. Hence again reversion to
old village police system, (community policing) village watchmen, mostly hereditary, under
The Britisher Tried different types of policing in various provinces: Introduction of new
system reversion or again back to new system or mix of both systems till mid of nineteenth
century when Sir Charles Napier conquered Sind “the Unhappy Valley” in 1843 and
force rather then on the pattern of London Metropolitan Police. The British Court
constabulary as the outcome of Peace Preservation Act 1814 but true beginning of Irish
constabulary is marked with enactment of Act, 1822. The main object of creating a
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disciplined force was to crush Irish separate uprising). The Primary object was maintenance
of law and order. The masses of the sub-continent are still suffering from repressive system
of policing introduced by him. The common man of Pakistan shall never Pardon Sir Charles
Napier. The foundation of the Police, he laid resulted in emergence of a police as a symbol of
terror and to serve and please the masters--- the legacy still hunting millions of helpless and
Sir George Clerk, Governor of Bombay, who visited Sind in 1847, was so much impressed
of policing in Sind that he decided to reorganize Bombay police on those lines.. “In 1853 a
Superintendent.
This was followed by Madras, Oudh and in some parts of India where police was
organized on Sind model, with minor modifications. The agents of the Crown in India,
having seen success of new police system, wherever it was replicated, felt need of organized
and. disciplined police force. Hence, on the basis of recommendations of the commission,
Police Act (Act V) was enacted in March 1861. This Act was extended to whole of British
India except some parts of NWFP and Balochistan and belts of public department bordering
Balochistan where the local refused to replace old ‘Barqandzai’ police or semi-military
irregular forces system of policing with new constabulary and also some parts of India and
even Bombay.
Policing in Japan
The history of Japanese policing, a role model for Police reforms 2002, dates back to Taika
Reforms of 794 AD when police acquired independent status. Prior to that police used to
work under Ministers of Justice and Popular affairs. Under these reforms, a group of five
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households were make responsible for maintenance of peace and order. The functions of
supervision and performance of groups were assigned to the village head. Army used to be
called only when Villagers failed to control situation--- This arrangement was very close to
community policing then, the family group law enforcement was replaced by (go-no-na-sei)
each city. Acting as chief of police, the prosecutor and judge. They in town hired lower status
individuals (criminals and out casts) to do the dirty work of policing work including
interrogation and punishments. A secret police (metsuke) was also developed to keep
surveillance. Japanese had also developed watch posts to keep people controlled. These posts
were the predecessors of today’s koban (police box) police. Tokugawa era police was not
uniformed or under standardized code of criminal procedure, they were there to simply catch
the criminals and punish them. Social control was left to informal surveillance and deterrence
During Meiji regime it was when Tokyo faced lawlessness and the magistrate
became powerless and helpless; decision was taken to reorganize Police. And on the
2. Police should be armed and prepared to handle emergencies without the help of
army;
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3. Supervision of the local police functions should be responsibility of prefectural
governor; and
COMMUNITY
Police substations and police boxes were established in 1876 bringing the police into
the increasing contact with people. Between the years 1885-1891 a system of residential
police boxes – chuzaisho and koban was established. Public Service Examination system to
select police personnel was introduced. The TOKO (Special Police Force) was introduced in
1911 in Tokyo to maintain state political authority and became involved in the surveillance
and meetings of the organizations, in censorship of books and papers and in election control.
World War II and after enactment Police Act 1948: the Police functions were
curtailed on the recommendations of American experts important rather first step toward
community policing has taken by to decentralizing police. Each town or village having
population of 500 had its own Police organization Municipal Police. Rural police force,
In Reform Police Law of 1954 police was placed under National Public Safety
Commission.
Japanese police HAS gain OF their legitimacy from some of the basic characteristics
behave like public servants and performing desired service instead of being viewed as
repressive and agency of control. Police role is viewed as moral force whose role and its
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In essence, police visible in the community without causing any threat, To maintain
good police-community relations, the members of chuzaisho police perpetual or rural police
live in the village and are required to visit each household twice a year. The purpose of such
visits is to know every member of the family and acquaint with neighborhood views and
Koban maintains police post in the urban area and functions the same way as his rural
counterpart chusai-san. Police boxes (similar to those of storefronts in the United States) are
found at every few blocks to assist citizens. In addition to police box duty the officer also
management counseling and parents of the troubled children advising or alcohol addicts. He
is also responsible to organize neighborhood crime control and traffic safety groups and to
maintain good police-community relations. Volunteer crime control organizations are also
quite visible throughout Japan. Japanese police travel an extra mile to build a good rapport
between us and them. Japanese police seek acceptance to social values rather than their
counterpart U.S. police who seek simple compliance to community’s moral values.
Police in Japan had adopted a proactive attitude toward its people. On one hand, the
police show their concern for the welfare of the people on the other hand, they take proper
precautions to prevent any mishaps and take stern action for criminal activity. Japanese feel
that the peculiar Japanese police culture is one of the main contributing factors to the low
crime rate in Japan. They also believe that the close relationship between police and public
contributes to social harmony and good neighborhood relations. It is known as friendly and
POLICING IN PAKISTAN
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Police in Pakistan for variety of reasons has remained alerted from the public. But it has
perceived an image of arrogant brutal and cruel force in the city eyes of public at large
agreed of the ruling class in strengthening their political, economic and take a group intents.
It is considered friend of criminals and foe of law obeying citizens. A trigger happy to shot
or arrest any number of people to show an efficient and competent police in the
parliamentarian and give desired results and pursue sincerely even if has to violent sanctity
of parliaments and courts even do not hesitate with grapple with judges of supreme court
In perusing the agenda for fact promotion, getting cash rewards and medals, posting of
choice, and is may cases for the desire of his benefactors and even under monetary
consideration bill innocent people or criminals in take encounters by applying third degree
The Policing Pakistan inherited had groomed under the provision of Police Act 1961 which
was adopted on the pattern of Irish constabulary Act 1822 of which main object was to crush
Irish separate uprising. In that more stress is on mature of law and order. This is why un-like
following London Metropolitan Police Module, where and which following policing through
consensus of citizens.
The Britisher was no able to extend the rule in India for further period of 86 years. But the
legacy key left behind instead of mending for ways and becoming sub-servant to the citizens
of Pakistan, it has developed, face of brutal, repressive and more loyal for master. A force
everyday to go beyond below level of morality and ethics to please the master. Why the
citizens of Pakistan look at police with contempt and hatred. There could be scores of reasons
1. THANA CULTURE:
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The police-legacy left by the British to sub-continent Indo-Pak police include:
Thana culture is a typical phrase that represents police power or authority and gives
citizens a special message of police hatred-ness, police-discretion and a place where coercion
to take confession from the innocent or the guilty alike is obviously visible or felt, the
building structure, the thanedar, the personnel and even the visitors leave a particular
impression of repression and oppression. By analyzing “thana culture, one can positively
conclude that there is no place for the public in general or the poor in particular to have to do
with police. “Thana-culture” negates community policing concepts and discourages the
community involvement with police. A Thana-culture can best be prescribed in terms of:
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A. Environment:
1. Physical structure of building layout and equipments: Since the darogha system
was introduced in India, the thanedari system represented the pinnacle of police
authority known till today. The buildings were constructed on or near the
the darogh office, lock-ups to be seen on both side of the walk-way where poor
suspects are locked up, visible to all entering the main corridor where darogha
could be seen indolent and remote, horrifying the visitor(s), with an adjacent
office of the muhharrar (record-keeper). Around the office of the thanedar, other
offices are located to conduct investigation, usually, through the use of third-
degree. One could, upon his entrance, easily hear the crying of the suspects under
investigation. The whole scene can be seen or felt as a horrifying stage. Citizens
visiting the thana for any purpose. Present thanas represent the century old
inside the thana are seen as the representatives of oppression, in uniform, usually
an unbuttoned shirt, loosely hanging pent with un-buckled leather belt, running in
and around the thanedar’s office with few files and paper sheets in their hands,
yelling and screaming on each other or at the people who have been called upon
to pay official visit to the police station. The muhharrar is heard in roaring voice
asking the purpose of the visit to who-ever enters his office. The language or
tone.
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3. Thanedar’s office and his personal appearance represents an image of a feudal
wrestler type look with long or thick mustache and a cigar or pipe, puffing
smoke out of his mouth is good enough to scare a gentleman. Not moving an inch
out of his dominating chair, pays due respect to no one, cares for nothing, simply
asks what have you brought in or how much you will be leaving behind
(gratification) as a favor? Deal for the graft has already been cut, either by the
muhharrar, a tout, or another police officer involved in the matter before one’s
meeting with thanedar. Muhharrar does not move a bit without his boss’
approval. Neither initial report nor the FIR like documents can be entertained
4. Muharrar of the Thana, records, interior of the office, equipments & his public
dealing represents arrogance with leading sentences and without listening to the
whole story of the complainant. He has already manufactured what he was going
to write into his roze-namcha (daily diary). Muhharrar’s attitude of negating the
the report. People visiting police station with high hopes of entertainment of
grievances feel disappointments at the hands of muhharrar till they offer some sort
of graft or even entertainment at the first stage. On the hole, thanedar and the
5. Third degree method of investigation inside thana or at the private torture cells .
Not to mention that Pakistani police officials are quite intelligent and are capable
of finding truth out of even hard core suspects, they instead of using technical
methods to get the truth out of the suspect(s), use of third degree is applied to
begin with. Then the confession is obtained through the use of force or threat of
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force to record confession, ultimately to be proven coerced confession in court.
the S.H.O’s office. Suspects of many crimes are interrogated quite harshly and in
loud harassing voices. Third degree method is applied to obtain confession from
the visitors and presents a sickening atmosphere in and around the police station.
People do not want to be called in the police station, because there they feel
susceptible atmosphere. Also such places are used to negotiate corruptive deals in
the open.
Police lock-ups or temporary holding cells are usually constructed in rows on both sides
of the pathway to the S.H.O’s office. These hold-ups represent the run-down condition of
the building in general and inhumane treatment to the suspects. Remember! Every body
is innocent till proven guilty in court of law and therefore every suspect deserves humane
treatment while in custody. But, because police philosophy is, “every body is guilty till
proven innocent in court of law”, police therefore treats every suspect as bona-fide
perpetrator and provides with worst boarding and lodging conditions. These lock-ups are
filthy, under-equipped, and overcrowded cells to hold few but kept many for
undetermined periods of time. Some are being held even for no charges framed.
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8. Initial reports and delayed F.I.Rs.;
Generally speaking, when some one walks into the muhharrar’s office with complaint to
file, he or she is asked to wait outside for hours and hours. One has to be lucky to be
called in sooner than expected by the available muhharrar. Most of the time, desk clerk
(muhharrar) refuses or makes excuses to take down the report. In actuality he is buying
time for extortion. The sooner the complainant comes up with some offer, the earlier the
muhharrar becomes activated to grab his complaint register and starts writing in set aside
mode of report writing. Depending upon the size of the deal or graft, or the nature of the
offense or the degree of the influence, the muhharrar forwards the case to the
investigator, who in turn, decides conditionally to pay visit to the cite of the crime or the
parties involved to conduct interrogation and investigation. Most of the time, the
witnesses to prepare F.I.R. for prosecution. Depending upon the weight of the graft for
police investigator-prosecutor and the judge, the decision is rendered in guilty verdict or
not-guilty verdict or even nolo-contender as final judgment. FIR’s are usually delayed
waiting for the reports (forensic) to be in or follow-up investigation before the case is
prepared for prosecution. Public needs to be educated for these genuine delays.
2. Police corruption antagonized the common man from reaching the police and
3. “Thana muharrar (clerk) and investigators’ usual refusal to take down the
(complainants);
26
4. Thana oficials’ usual practice to ask the complainants to visit police station
upon police case preparation resulting poor outcome in cases thus police
brutal;
7. Fare Police encounters had scared people to come into contact with police
In this backdrop let us see if Police Order 2002 address to the apprehension and leading to
tours community policing if so, then what are ground realties. The writers of Police Order
2002, were alive to this state of apathy. But they attributed this malady of duality of
command specially at district level, insufficient infrastructure less force etc. hence more
stress for was excluding role of district magistrate. At the same time proposed a check on
After five year replacement of Police Act 1861 with Police Order 2002 no remarkable change
and move towards community policing is seen. Rather the police is emerging a force of rural,
neighborhood associations, and merchant groups are seen as key partners to the police
police cannot succeed in achieving their basic goals without both the operational
27
assistance and political support of the community….In community policing the
Even Sir Robert Peel’s appointed commissioners Charles Rowan and Richard Mayne
had emphasized that police should work in cooperation with the people and that members of
the office (police) should protect the rights, serve the needs, and earn the trust of the
and-file officers need to recognize that the police are a service-oriented organization
dedicated to keeping the peace, defending the rights of the people, and enforcing the laws.
2. A more reasoned basis for police work – to deal with complex problems in a
more complex way rather than just to follow the letter of law. Instead they
3. A deeper, more comprehensive interest in human life – police are both entitled
compartmentalized if it is to be effective.
28
Chapter Seven:
Police agencies are part of several systems and are also a system within a system. A
police officer is a part of a family system and the police agency system. Police help to shape
the system in which they participate, and they are shaped by them. Each of these systems is,
in effect a community with which the police must relate. Community is a group of people
sharing common boundaries, such as common goals, needs, interests, and or geographical
location. The task of police-community relations appears more complex as each community
Since long, the public has been viewing police as inept, uneducated and corrupt
political puppets or as tough guys with little compassion. Media had been supporting to these
social worker and everything that soothes the grieved ones. But police profession in general
has promoted mistrust, fear, and cynicism while the training aspect had made police officers
to be suspicious of all, and to assume a role of objectivity and authority over those they
serve, leading toward separation between the police and the policed and police engaging in
fighting criminals on one hand and those who criticize their aggressive role toward criminals
on the other hand. Crime prevention and education programs by police agencies have
promoted better police-community relations. But it is only possible when every police officer
realizes that he or she must take the first step in showing the public that they too are citizens
who wish to assist the public in policing the community. Because the police department’s
capacity to deal with crime depends upon its relationship with the citizenry, no lasting
29
improvement in law enforcement is likely unless police-community relations are
substantially improved. Up until recently, public relations and the police community relations
mean the same thing to police. They never go beyond the activities designed by the
department to make the department look good instead of being good; the two phrases apart
from each other. Government officials, criminologists, politicians, doctors and police high-
ups are of the opinion that with steady awareness of the citizens of their constitutional rights,
the law enforcement methods used to anticipate and prevent disturbance must shift in
emphasis toward community relations and human relations programs. Nothing is new about
law enforcement practices but the concept of law enforcement being actively involved in
programs to reduce general community tensions. Crime prevention and police community
relations are complementary causes and can be reversible ends-and-means. Police are
primarily responsible for enforcing law and only indirectly responsible for resolution of
social problems.
Policing in Central and Eastern Europe: Comparing Firsthand Knowledge with Experience
from the West, he had outlined the policing as a differentiated social structure reframing
community policing within the developmental logic of the “Spectrum Policing.” Analyzing
the history, he has revealed three major forms of policing in the modern era:
Crisis intervention which is another common name for the special attention currently
focused on the police in their mediation function. Crisis intervention including family crisis,
30
work, drug abuse and suicide, rape and mental disorder and consumer protection are the most
frequent requests made to police that place the responding officer in the duel role of enforcer
and helping agent and some times he/she is viewed as bias by one party over the other. Team
policing and alternative patrol strategies in police operations are undergoing study and
experimentation. Actually, the effective delivery of services to the community is the police
goal which is possible only through the closer police-community collaboration. All police
officers on the force are not trained to tackle crisis intervention calls effectively. Police
action in such situations can only be effective if supported by the enactment of domestic
violence legislation empowering the police to intervene close party disputes. Similarly
patrolmen have a unique impact on juvenile’ attitudes. It is important for the police officers
to realize that they are usually the first contact a juvenile has with “the system”. Police
discretion of dealing with juveniles must be focused on the care and protection of the minor.
The philosophy of discretional care and custody of children allows the officers to use a
broader action for the juveniles who are involved in minor violations. When dealing with
children related cases police officers should act as a social worker rather than a strict law
enforcement practitioner. Also when dealing with emotionally disturbed children, police
officers should take necessary care not to discriminate against them that could mentally hurt
them more than they already are. Again police officers should be properly trained to handle
Police professionalism has been identified as having high incidences of stress and
stress related diseases, causing high divorce rate, more cases of juvenile delinquency in the
family, increased use of drugs and alcohol to get temporary relief. Police officers suspect
everyone else and become almost isolated from fraternity groups, developing an attitude of
viewing every one an enemy and increasing the amount of killer stress. Police administration
31
is suggested to develop and implement programs that could provide ventilation and
resolution of police stress for officers and their families. Regular counseling and guidance
discrimination, violation of human and civil rights and numerous other police misconduct.
Many police officers condemn fellow police officers for being corrupt, while dismissing
practices of perjury, gratuity accepting, and evidence planting as a necessary part of the
police job. Police malpractice ranging from major offences to minor infractions is considered
to be acceptable and normal police practice. Social and political influences also have
negative or positive affect on police profession. Unethical police practices can be decreased
in increased monitoring of police action by the public as well as more stringent selection and
public as playing partisan political activities with police department and its officers as the
pawns of political machines and bosses. Police agencies have notoriously been integral to
political spoils systems. Political science experts have successfully argued in favor of police
having a legitimate, respectable, and indispensable political role to play. The tyrannical use
of police by the politicians to forcefully perpetuate themselves has been common and quite
acceptable in the in the history of human maneuvering. Police service is in the realm of
public administration, by its nature political. Therefore, the slogan of the critics “police
should be divorced from politics” is nothing but nonsense. The community is constituted of
citizen taxpayers who vote, attend public hearings, sign petitions, and write editorial letters to
kick up political dust. In this sense, “community relations” is a political policing. In clear
32
sense, the basis of social control is authority that has a moral quality. Politics is a process of
making authoritative decisions that command assent. Power implies force or coercion as it
applies to police as well as to the government (politics) at large. Police must be accountable
to the community, with its moral intelligence to distinguish between corrupting political
pressures and the needs of the larger community. Police leadership must insure that partisan
interests are separated from community priorities. Wilson and Daley (1968) called politics
and policing are integral of each other, and Wilson suggests that to alley police and
community more closely requires ambitious public, political education as an integral part of
problem-solving projects.
programs, society must be made aware of the attainable goals of law enforcement before
programs are devised that seek either total elimination of disturbance and civil disobedience.
It is important to point out that the degree of police power required for the provision of a
society free from chaotic class difference disorders would be enough to destroy all pretense
of individual liberty. Law enforcement must continue to strive between anarchy (the
complete absence of government and law) and a feeling of total inability to increase
protection of our society. Social problems of any kind are remedied or relieved through
power – political or economical power. To get the cooperation of responsible persons in the
community, the police must show responsible people potential situations. Police should enlist
the cooperation of neighborhood leaders and they should be included at the planning level,
well before the direct appeal, during critical periods are needed.
It is suggested that police department must establish a specialized unit called police-
community relations with three functions; planning, coordination and evaluation. Planning
33
must be closely associated with research, because the lack of systematic research to develop
bodies of data is considered to be a stumbling block to the police achieving true professional
1. the procedures remain the same because they have worked in the past; and
2. to employ a trial and error method of creating change that could be too costly.
In PC-R, the planning identifies the goals of the police agency – exactly what
relations programs, such as reduction of crime, lessening public tension against police in the
community, developing good relations with juveniles, less fortunate ones, decreasing the case
of brutality of police or aggression against police. Once the short-range or the long-range
goals have been identified, decision should be made as to how much and how many of the
departments operate on line-item budget basis leaving little room for lump-sum adjustments,
therefore, requiring the PC-R unit to compromise on the feasible objective rather than an
administrators. PC-R must be a total department effort rather than a few officers assigned to
the unit. In this regard the PC-R unit can function most effectively as a departmental resource
providing support and encouragement for fellow officers. Coordination efforts have to be
encouraged by the middle management or it can be in vain. The PC-R unit personnel will
maintain two-way communication with middle management as well as their fellow officers to
discuss any merits or demerits of the program and they could assist in training line function
34
personnel during school visitation hours or orientation sessions during the roll call meetings.
In establishing goals and objectives, a plan should be established as a means of measuring the
success or failure of goal achievement. By comparing the before and after results of a
specific objective, some gauge of the program’s success could be obtained. The plan then
expect the program’s glowing success and even occasional setbacks thus adjusting to a
realistic attitude, the administrator might want to create a feeling of openness and honesty
viewed as an integral part of a continued planning process in terms of guidance for future
planning. Evaluation should be a continuous, on-going process in order to detect any flaws as
PC-R unit should be manned with only the personnel required to do the job.
Overstaffing can cause unnecessary drain of manpower and equipment from field operations.
PC-R personnel should be selected from their planning and administrative skill point of view.
PC-R unit, having high prestige with a firm commitment for success, must consider
its location within the organizational chart. In order to avoid problems of isolation, the PC-R
unit should not be housed far away from the Headquarter or at least supervisor of the unit
35
Community Policing Concept was first implemented in the 1970s when team policing
was instituted in the Unites States. The concept brought together groups of junior officers
and a supervisor who were given jurisdiction over a designated neighborhood area on a
twenty-four-hours-a-day basis. The team was left alone to decide the strategy of patrolling,
force deployment, working hours, assignments, and methods within broad policy of
guidelines established by the department. The purpose of team policing was to create strong
ties between the police officers and the community they served and to involve the
were reintroduced to control drug dealers, vandals and other petty criminals associated with
community decline. Officers on foot are more easily approachable and offer a comforting
presence to citizens. The current foot patrolmen are equipped with mobile communication
gear similar communication gear that is used in patrol cars. The Police Foundation evaluated
foot patrol and found that it had little effect on community crime rates, they, however had
helped to improve citizen attitudes toward the police (Criminal Justice Newsletter 16, 1985).
police presence in their neighborhoods, but the fact is that the same citizens who fear
crime may also fear the police (Ralph Taylor and Jack Greene (1988). The new role of
police must be reviewed and changed from law enforcer to community organizer and
police training must be revised to reflect the new mandate with a new type of police
recruitment.
Local law enforcement agencies in the United States find themselves struggling to identify
their responsibilities and define their future role in an effort to combat terrorism. The new
police order must address terrorism and home security in the areas of crime prevention,
intelligence gathering, and information sharing to ensure the safety and welfare of citizens.
36
Problem-oriented Policing strategy is introduced to identify particular community
problems – street level drug dealers, prostitution rings, gang hangouts, and juvenile
delinquents – and try to decide problem through diversification rather than legality channel.
This strategy is aimed at reducing community fear levels and police and the community
activities;
3. A citizen contact program that kept an individual officer always in the same area
civilian coordinator and three police aids are staffed to assist citizens. A school-
liaison officer prevented truancy and a park police officer controlled vandalism.
They contend that applying the principles of organizational change, problem solving, and
external partnerships, community policing can help police to prepare for and prevent
terrorist acts, and respond to the fear such threats engender. Community policing helps to
build TRUST between the community and law enforcement, which allows officers to
develop knowledge of the community and resident activities and can provide vital
intelligence relating to potential terrorist actions and their affiliation with ethnic and
37
religious groups with whom police have built a rapport. Using existing data sources,
agencies can conduct target vulnerability assessments and develop risk-management and
crisis plan. Establishing and maintaining mutual trust is the central goal of community
collaborations, essential for the collection and exchange of intelligence, the identification
of threats and vulnerabilities, and the sharing of resources in the event of an attack.
1. Problem Solving Concept is a broad term that describes the process by which
specific issues or concerns are identified and the most appropriate remedies to
abate the problem are identified. Problem solving is based on the assumption that
physical and social characteristics of an area. The idea is that if the underlying
conditions that create problems can be eliminated then so will the problem.
In community policing, individual line officers are delegated with an authority to solve
problems and make operational decisions. Leadership is required and rewarded at every
level; supervisors and officers are held accountable for decisions and the effects of their
efforts at solving problems. Empowering officers at the lower levels will allow them the
38
(iii)Fixed Geographic Accountability and Generalist
Responsibility:
making are geographically based for longer time that enable them to foster communication
and partnerships between individual officers and their community. As a result officer should
be more attuned to rising levels of community concern and fear. Community policing
generates TRUST and increases satisfaction among community members and police, which
in periods of heightened unrest or crisis can translate to dealing more effectively with
community fear.
law enforcement agency such as volunteerism, which involves active citizen participation
with their law enforcement agency. Volunteers can help free up officers’ time and allow
make communities safer, stronger, and better prepared to respond to threats of terrorism,
prevention role, as the basis for bringing neighborhood residents together to focus on disaster
39
preparedness as well as terrorism awareness, to focus on evacuation drills, and exercises, and
This program provides training for civilian volunteers who assist police departments
critical issues. The program provides resources to assist police officials by incorporating
and response functions to bolster the capacity of local communities to respond to disasters.
This program coordinates the kills of practicing and retired physicians, nurses, and
other medical professionals to help their community during large scale emergency situations.
MRC volunteers may deliver necessary public health services during crisis and play an
40
(x) Community Partnership:
Homeland security can best be accomplished through the joining of the citizens,
businesses, emergency management, public health and public and private organizations with
police. Partnership gathers many skills necessary to plan for, mobilize, and respond to
activities with law enforcement has been found to increase social cohesion among citizens
and decrease the amount of fear of crime. Citizen awareness programs to inform public in
general about what police and government are doing to prepare for and prevent a future
Media should define the nature, scope, and level of threat in critical situations, in
disseminating information, and in calming the people. It should deliver accurate and relevant
Recognizing that the detection and prosecution of criminal activity is not a job that
law enforcement can do alone, neighborhood watch serves extra eyes and ears in the
1. Act as a liaison with each neighborhood watch group, including the development
of more efficient methods of communication between the police and these groups
41
to provide a better exchange of up-to-date crime prevention and homeland
2. By comparison of the crime rate among the areas that have neighborhood
programs and those that are without them, recruit new neighborhood groups;
3. Review daily crime-related calls for service records in their assignment area.
Prevention efforts can enhance police search to identify problem area. Involve
reducing crime;
4. Meet with crime victims to offer services to reduce their potential of becoming a
victim in future, by conducting surveys among the residents of the area; and
network between the police and the business community. Law enforcement personnel
suspicious criminal activities to prevent shoplifting, robberies and will also learn how
benefit from police activities about the homeland security programs, such as personal
safety, home security, drug awareness, auto theft, and many subjects of interest to the
participants.
empowered to enhance their quality of life and prevent crime and the problems that
can lead to crime. Citizen academies have been useful places to educate members of
42
the community to understand the role and function of their police, and to grasp the
mission, goals, objectives and programs of the police department. Police officers
should hold talks about the prevention of terrorist threats and what a community can
The modern police force in Pakistan is the direct descendent of the British-India
police based on its use against the sub-continents’ population to suppress social unrest and
disorder. As a virtue of its existence, the police in Pakistan are basically charged with the
maintenance of law and order, keeping peace, and performing arbitration-mediation tasks
related to local conflicts stimulated by changing social relationships and status. Events of
police control of social unrest evidently has shown that the police cannot discharge their
duties to maintain law and order without the backing, goodwill, and cooperation of the
public. To achieve such goals, every police officer, regardless of rank and file, should be
regarded by every law abiding citizen as a wise and impartial friend and protector against
injury to his person and property. This confidence begets police the necessary cooperation for
rendered to individual citizens would go long way in building up goodwill for the police. “A
measurement of success in the development of positive relationship between police and the
public is the amount of help the public asks the police for and the more cordial their relations
are with public the greater becomes the number of extraneous demands made upon them by
private citizens which could build a nation with a unitary identity (Bayley, 1979).”
In view that the police in Pakistan have been mistrusted and alienated from the
general public for one reason or the other, they are identified with oppression and repression.
Old memories have left deeper scars on the minds of the second and third Pakistani
43
generation, affecting relations between the two. To public police are brutal and venal, yet
police are asked to provide assistance in times of personal trouble. Research needs pertaining
to the role of the police, to the structuring of police organization, to patterns of operations, or
to functional decentralization, police link with other areas of criminal justice and modified
training material might help police see themselves as partners of the people. Police need to
develop a cooperative relationship with the pubic as well as with other components of
criminal justice funnel. To this end, European and Western countries including Japan,
Singapore and China have had tried numerous strategies to develop police-community
relations programs to fight crime with the assistance of the very public, the police are
assigned to serve. Some of these programs have met with little or no success, yet the struggle
continues to find more and more avenues to develop trust between the police and the public.
Pakistan police are trying to experiment some of the programs that have been tried and
situation and economical pulls and pushes, those programs failed in the United States or
other European countries, may succeed in Pakistan. One has to try and see.
Chapter Eight:
It is extremely difficult if not impossible for a police officer maintain his or her
composure in all street situations even though it is expected and demanded of him/her in all
44
“I will … maintain courageous calm in the face of danger, scorn, or ridicule; develop
self-restraint; and constantly mindful of the welfare of others. I will never act officiously or
will enforce the law courteously and appropriately without fear or favor, malice or ill will,
never employing unnecessary force or violence …(Cromwell Jr., Killinger et. al, 1977).
But police an officer working in crime prone area (slum neighborhood) faces
countless pressures which increase the difficulty of performing police work calmly and
without restraint. An officer is expected to maintain order on the street to keep a “clean beat”
and to disperse mobs, to remove ‘undesirables’ with or without legal tools are available. In
dangerous neighborhoods, he may be mocked, threatened or even spat upon. Police officers
see the tragedy of victimized citizens and sordid lives of the reprehensible and unfortunate
elements of the community. A police officer must always live with the prospect that he or she
The problems of police-citizen contacts are multiplied and exacerbated when the
citizens involved are juveniles. Youths are out and around, noticeable to the patrolling
officer, they travel in groups and spend time in neighboring gathering places or recreational
facilities, shops or street corners. The antipathy toward police is heightened by youth’s
natural dislike for authority. Demeanor appears to affect police disposition after arrest as well
as arrest in the first instance. Citizen involvement in crime prevention efforts is not desirable
but necessary. Police and other specialists alone cannot control crime; they need all the help
the community can give them. Most citizens agree that crime prevention is everybody’s
business, but too many fail to accept crime prevention as every body’s duty. Law
45
enforcement evolved into a multifaceted specialty as citizens relinquished more of their
crime prevention activities. Despite police professionalism, crime is souring to its new
heights, resulting to realize the hypothetical situation that “history repeats itself”, Chief
Executive (President) of the Islamic Republic of Pakistan has introduced and promulgated
the amended Order No. 36 of 2002 as Police Order 2002, expressing his concern in Article 4
(c), encouraging police-public cooperation and 168 (a),(b) and (c), emphasizing the
development of liaison between aggrieved citizens and police for providing relief by
rendering assistance to Public Safety Commissions, Police Complaint Authority and the
police for the expeditious and judicious discharge of their duties. Article 169 of the Amended
Order No. 36 had made provisions to set Public Safety Funds at the Provincial
Government(s) and the District Governments levels to the police for the improvement of
police service delivery. Article 169 (7) (a), (b), and (c) provide that The Public Safety Funds
(a) improving facilities for public and service delivery at police stations;
crime are unlikely to succeed. Informed citizens can make a decisive difference in the
prevention, detection and prosecution of crime (Staff Report of the U.S. Government Printing
Office, 1969).
In light of Police Order 2002, the Province of Punjab has, through the provincial
Relations, or Community Policing approach to crime prevention and crime detection through
police and the community participation. Heads of the police stations or the police posts,
46
SHOs and alike have half heartedly accepted the notion. The direct result of community
policing introduction at all levels of the police order and police hierarchy is being noticed in
“kaun”, “kiyae”. “haanjee” and alike as a response to incoming calls, making the caller feel
that police is not interested in listening to you, the citizen. Although, the cops above forty
and those who have joined police at low rank level with village background give community
policing no importance rather calling it ‘beggars slot’ against police professionalism. Most of
the police SHOs in the city are seen receptive to the concept and have started inviting irate
public to engage in a dialogue of mutual respect and mutual assistance in the face of
increasing crime rate and civil unrest. Some police stations have erected bill-boards of
friendship and have distributed flyers of one sort or the other expressing the need of
communication between the police and policed. It is all due to the direct involvement and
personal interest of police echelons to engage in the friendly dialogue between police and the
community.
Traffic police and its activities do have obvious negative impact on community-
policing. Up until recently, vehicle driving, in Pakistan, has not been regularized as for
obtaining driver’s license and actual driving test of the vehicle are concerned. In the past,
people would pay few extra rupees to the license issuing authorities and felt no difficulty in
obtaining driver’s license without taking driving test. As a result most of the drivers on the
roads are neither educated about the street signs or the traffic rules, nor they are trained for
safe driving. Such anomalies are causing traffic accidents which are turning into personal
abuses as well as property damages. Insurance like disease has not been accustomed in
Pakistan, leaving the aggrieved parties to suffer financial hardship for repairs. Roads are not
made to accommodate the overflow of new and old vehicles, particularly in the old Lahore
47
area. People are suffering in the hands of private transporters for local transportation. Huge
busses are hindering the smooth flow of traffic and causing small vehicles or pedestrians to
face danger of accidents. Traffic police officers’ attitude after the first “asslamu-alecum”
becomes corruptive. Educated ones are quick to receive citations without arguments and
provisions of settling disputes in court. A driver who is stopped by a traffic cop gets citation
of the choice of the cop not the violation. He or she is not told about the relief remedies or
contesting the citation in court. He/she must pay what has been ticked (x) on the back of the
citation. Some traffic law violators are old players in corrupting the cop. They hang around
the cop’s station to make a cash deal instead of receiving ticket (citation). Small may be but
sure corruption is still obvious. As a result the traffic police officer’s attitude toward the
educated traffic law violator is still noticed anti-community policing. Until and unless, every
police personnel accepts community policing notion, public cooperation with police to fight
crime and criminals will be seen a long way. Again, strong, assertive and effective practices
of policing the police or strict supervision are dire needs of the day. Traffic police and
investigators have to be a part of the community policing for the concept’s practical success.
It is, however, too early to notice the impact of newly introduced community policing
efforts, because there has been very little or no systematic research done in this regard. But,
the reported incidences of communities getting “together” suggest that active “community
involvement” in fighting crime may well be an effective way to prevent and reduce crime
and delinquency. The fundamental truth is that citizens can prevent crime by focusing their
attention on the social factors that lead to crime and delinquency, such as un-employability
Education:
48
Employment:
Government and government agencies like probation and parole and other social
welfare agencies are placing unskilled ex-cons and disadvantaged youths in full-time or part-
time jobs. We still need citizen organizations and private companies to create and offer new
jobs for the unemployed disadvantaged. The provision of job opportunities counseling to
recruit fresh but helpless graduates, and citizen group participation in promoting “hire first,
train later” type of programs are to be introduced in our society. We need volunteers to train
and educate ex-addicts, ex-cons, and unskilled citizens to participate in work force and an
active group in disseminating job information to those who do not have excess to media or
Recreation:
Some social and philanthropic organizations are engaged in financing and arranging
activities like summer camps, summer hiking and boy-scout activities. We still need
reproachable and disadvantaged kids with summer and out of school activities with new
experiences and recreational opportunities. Citizen groups to organize sport activities and
tournaments for the kids who could not otherwise afford to participate in are needed. Need
individuals to act as “big brother” or “big sister” to lead needy ones and helpless children.
Activities as “talent shows”, “arts and craft classes”, and “special interest” programs are
There may be numerous counsel and advise youths and adults with a wide array of
problems programs but we still need in the context of “hotline” established to concentrate on
49
those with drug-related and family problems through which people with problems could seek
anonymous assistance without the fear of involvement with law. Volunteers at the centers
could try to create a warm environment where youngsters will find acceptance and to provide
constructive alternatives for people in trouble. Police need to sponsor counseling centers
designed to develop better and secure relationships between police and the youths, between
troubled youths and parents, and maintain clinics and treatment centers where police-
sponsored volunteers could assist professionals in treating drug and alcoholic related
problems. These volunteer could offer telephone counseling and crisis intervention services,
(3) point out persons and events considered suspicious, such “crime check”, “crime
alert”, chec-mate, crime stop and “project home alert”, “operation identification”,
CHAPTER 2
a) It was pointed out that the system of government bequeathed by the British was
aimed at concentrating the leadership, administrative and financial powers and
functions in a few officers at different levels. The same system had continued in the
district, whereby, in the office of the Deputy Commissioner, four distinct and
different offices had been concentrated. He was the executive administrator, exercised
general direction and control over Police admini5tration, functioned as officer in
charge of the revenue administration and was also in charge of the executive
magistracy.
50
b) Fundamental changes were introduced in the administrative set up, after the
implementation of the Local Government Plan. The divisional tier of administration
was abolished. At the district level, the former administrative arrangements
underwent radical changes as executive powers and functions were transferred to
various functionaries ranging from Nazims to relevant district officers.
c) As regards the Police, it was decided that the functions of investigation would be
separated from the maintenance of public peace. Prosecution will be placed in the
hands of an independent service. Prisons and Probation shall continue to operate
under the control of the Provincial Government. Maintenance of public peace will be
the responsibility of the Zila Nazim who will be assisted in this task by the District
Police Officer. It was felt that the new paradigm would provide for an effective
system of checks and balances and will work under different safety nets provided
against the arbitrary use of power.
e) The Presentation evoked a lively debate. The participants spoke candidly and at
length in favour of and against the proposed abolition of Executive Magistracy. Those
favouring the abolition maintained that the present, system was a legacy of the
colonial rule and not suited to the needs and aspirations of an independent State. Also,
the separation or Judiciary from the Executive was a Constitutional obligation. The
institution of Executive Magistracy wielding trial powers had neither been successful
in the desired measure nor did it have the seeds for improvement. If a real change was
to be effected, the institution had to be replaced by an arrangement which was more
transparent, democratic and responsive to the people's needs and aspirations. The fear
of dislocation and teething pains was no justification for continuing with a failed
system.
f) The institution of the Executive Magistracy had a rationale and was necessary, some
participants argued that the regulatory and prohibitory functions and the maintenance
51
of law and Order were too sensitive to be left to individuals and institutions which
may not have the neutrality, impartiality and objectivity possessed by the Executive
Magistracy.
g) It was argued that the absence of Executive Magistracy may create situations in
which the Nazims and the Police form a nexus and work against the interest of the
citizens in general and political opponents in particular.
Accountability to Citizenry
52
The LGO and Police Order 2002 provide a statutory basis for an unprecedented range of new
avenues for citizens to voice demands and hold policy makers accountable. For instance the
CCBs were conceived as institutions with a broad 'governance reform' mandate; lnsaaf
committees and Anjuman-e-Musalihat, in different ways, were promoted to improve the
performance of subordinate courts and the dispensation ofjustice.74 The Police
accountability mechanisms or checks may be categorized as internal and external, juridical
and non-juridical, formal and informal, horizontal and vertical.
53
RATIONALE FOR POLICE REFORMS
The increasingly strong nexus between economic and social factors, and the importance of
the latter as determinants of growth was apparent in Pakistan for the period from mid-eighties
onwards, when Pakistan's largest city and industrial centre, Karachi, intermittently remained
in the grip of civil strife. The continued unrest in the city, which is the country's financial
capital, and only seaport, and houses the bulk of Pakistan's manufacturing capacity, has been
cited as at least one of the factors prompting the average annual growth rate of large scale
manufacturing to slump to 3.5 percent in the 1990s, from an average of over 6 percent in the
previous decade.
In general, ethnic and sectarian divisions have been exploited for political purposes over the
last twenty years, which has led to an increase in ethnic and sectarian tensions, and recurring
episodes of violence. Similarly, incidents of random attacks on church congregations and
worshippers in mosques, shootings of prominent (and often apolitical) members of society
and bomb blasts have occurred all over the country. Such incidents are a major symptom of
the deteriorating law and Order situation in the country, and heighten the sense of uncertainty
and lack of security that pervades metropolitan centres. The law and Order situation has thus
served to stifle growth and employment opportunities and may have significantly contributed
to poverty, particularly in the urban areas.
In addition, the access to justice of the citizenry was severely restricted by the rampant
corruption and the inefficient Police system that is often accused of playing" in the hands of
the influential and victimizing the poor and the underprivileged. In this regard, harassment by
the Police and its indiscriminate and exploitative abuse of power l1as been repeatedly
reported by the poor to be a major source of insecurity and vulnerability for their lives and
livelihoods. The lack of discipline, courtesy, misbehavior, torture and high-handedness on
the part of Police has nurtured a Police-public relations estrangement.
54
ISSUES AND CHALLENGES IN POLICE REFORM
a) Bureaucratic Impediments
b) Barriers to Acceptance
d) Issues of Continuity
The Criminal Justice System is founded upon the bedrock of an effective law enforcement
apparatus, an efficient judiciary, penitentiaries and probation services, and an independent
prosecution service. In the earlier system, prosecution was partially subordinate to the district
magistrate and partially part of the Police. As enshrined in PO 2002, an independent
prosecution system needs to be established to function as an institutional mechanism for an
objective examination of evidence in terms of quality, veracity and transparency. Necessary
enactment of legislation is required to achieve the stated objectives.
55
f) Capacity building of Watchdog Bodies
The implementation of the newly created structures under the PO and the LOO concerned
with the access to justice has been tardy. The establishment of Public Safety Commissions
can, at best be described, as patchy. The slow pace of implementation has been ascribed to
the delay in the formation of governments at both the Federal and Provincial levels.
However, the problem may be related to reluctance on the part of province officials to cede
control over Police84 to the public safety commissions, or to ensure that they have sufficient
budgetary and secretariat facilities required to support preparation of annual policing plans,
create a viable working relationship with the DPOs and monitor conduct against these
agreements. There is confusion regarding the responsibility for budgeting, training, capacity
building and representing the interests of safety commissions. There is an urgent need to
clarify the roles of the Nazim, the Police and the department of law and home of the
Provincial Governments.
CONCLUSION
The challenges for the implementation of the Police reforms are both protean and formidable.
Police reform is a long-term, multi-pronged, multi-sectoral, iterative process predicated upon
building institutional capacity of the Police, and of policing processes throughout a society.
Capacity-building must address the internal objectives within the Police as an institution in
terms of the management, the occupational ethos, and the broader institutional components
found within the rule of law and governance processes. Such is the gigantic challenge of the
Police reform.
CHAPTER-3
POLICE ORDER, 2002 - AN INTRODUCTION
56
Police Order 2002 was promulgated through a Presidential Ordinance on 14th August 2002.87
This Ordinance came into effect immediately, thereby replacing the Police Act 1861, which
stood repealed.
The Police Act 1861 regulated the affairs of Police in Sub-continent for almost 40 years. The
law was introduced by the Colonial rulers for the maintenance of law and Order and better
revenue collection. The main objective of the Police Act was to organize the Police in a
manner designed to be an efficient instrument for the prevention and detection of -Crimes.
The repeated Act had been promulgated as a Central Act on 22nd March 1861. However, it
did not come into effect in any area on its own. The enforcement of the Act, in the areas of its
choice, was the discretionary prerogative of the Provincial Government, as deemed
necessary. The Police Act 1861 was enforced in various districts of Punjab on 30th August,
1861. The province of Punjab was declared to be General Police District through notification
dated 1st January, 1890.
i. Obey and execute all Orders and warrants lawfully issued to him.
vi. To enter and inspect drinking shops, gambling houses or other places of resort of
loose and disorderly characters.
57
The Act empowered the Superintendent of Police to regulate conduct of assemblies and
processions on public roads. The Act places the Police under an obligation to keep Order on
the public roads, public streets and all other places of public resorts. However, the Act
explicitly stated that the authority of the District Magistrate was not affected by these
provisions. The Act vide Section 33-A allowed the District Magistrate to regulate public
behaviour in a number of cases.
The Act authorized Police officers to regulate municipal functions and remove public
nuisances.
The main objective of the Police Order 2002 is to ensure that the Police force functions in
accordance with the spirit of the constitution, law and democratic aspirations of the people.
Police has to be professional, service oriented and accountable to the people. It seeks to make
the Police efficient in the prevention and detection of crime and maintenance of public Order.
In contrast to the Police Act /R6/, the Police Order, 2002 has clearly defined the role of
Police.
The Government shall set-up separate Police establishment for every general Police era. In
the repealed Po/ice Act, there was one force for the entire Province.
Unlike the repealed Police Act the Provincial Police Officer has been given the powers of ex-
officio secretary to the Provincial Government in administrative and financial matters. The
PPO can make postings/transfers of officers up to the rank of Deputy Inspector General of
Police in case of City Police Officers and all other officers of the rank of Senior
Superintendent of Police and below.
58
The new Police law ensures completion of tenure of posting for the various ranks of Police
Officers. The repealed law did not provide any such assurance in explicit terms.
The District Police Officer has been made, in general, responsible to the Zila Nazim, except
for the internal administration of tire Police force. He has been made responsible to provide
assistance to all Government functionaries and obey the directions of Zila Nazim in respect
of complaints against Police excesses, neglect or failure. In the repealed Police Act 1861,
there was no concept of responsibility or accountability towards public institutions or public
representatives.
Supervision and accountability of the Police have been entrusted to various public bodies like
Public Safety Commissions. These bodies shall be discussed in the -later part of this chapter.
Citizenry has been given an important role in the affairs of Police. The Police Order
envisages the creation of citizen Police liaison committees to establish an effective liaison
between the Police and citizens. The main objective of the law is to create a people friendly
Police that is more responsive to the aspirations of the public at large.
Public bodies & other Institution under tile Police Order, 2002
Police Order 2002 envisages the establishment of different public bodies and other
institutions at the Federal, Provincial and District level. The following public bodies and
institutions have been created at the Federal level.
Keeping in view the scope of the study, the syndicate has focused on the bodies established
at the Provincial and District Levels. Our special focus remains on the District Public Safety
59
Commissions as these bodies have been duly constituted and are functional in the majority of
districts. A detailed status of their establishment has been given in Chapter 6 of this study.
The basic idea behind the establishment of Public Safety Commission is to insulate the
Police, on one hand from extraneous interference and on the other hand to make the Police
accountable to the public bodies. General Macarthur introduced the democratic concept of
Public Safety Commission to oversee the Police functioning in Japan in 1947. The concept of
Public Safety Commission has been borrowed from Japanese system and has been adapted
with some modifications. This system of Public Safety Commissions is an amalgam of the
concept of Police Authorities in Britain and the Public Safety Commissions of Japan.
Although Sri Lanka has a National Law & Order Commission with somewhat similar
functions, yet this kind or institutional safeguard does not exist there. We have embarked
upon a basic change and hope that like Japan, the change in law would be a harbinger of a
change in culture and environment of the society which would eventually adopt the concept
of rule of law.
60
Functions
The Provincial Public Safety Commission will provide guidelines on the policy of the
Government to Provincial Police Officer and Capital City Police Officer for promoting
integrity, efficiency, and .effectiveness of Police and coordinate the functioning of District
Public Safety Commissions within the Province. It. Shall over implementation of the
Provincial Policing Plan duly approved by the Government and take steps to prevent the
Police from carrying out any unlawful or malafide Orders or directions from any authority to
any functionary of the Police throughout the Province. In case such Orders are brought to the
notice of the Commission, it shall have the powers to intervene and its decision shall prevail.
It shall evaluate the performance of the District and Capital Cit)' Public Safety Commissions
on annual basis and recommend dissolution of any Commission to the Government on
account of unsatisfactory performance. The PPSC shall recommend grants to the
Government for various Police establishments. It shall also conduct enquiry on the
recommendation of Zila Council through a resolution passed by two thirds majority of its
total membership for the dissolution of the relevant Public Safety Commission on grounds of
unsatisfactory performance of the said Commission. Besides, it shall consider the proposals
made by Provincial Police Officer or National Police Management Board and give its
recommendations to the Government. The Commission will recommend reforms for
modernization of laws and procedures in respect of Police, prosecution, prisons, and
probation services and will also recommend essential criminal justice reforms. The PPSC
will also have the power to recommend the pre-mature transfer of Provincial Police Officer.
Further, the PPSC will prepare and submit an annual report to the Government and the
Provincial Assembly about the performance and functioning of the Police Establishment as
well as general law and Order situation in the country.
The Home Departments in the provinces arc responsible for functions relating to law &
Order. The secretariat of the Provincial Public Safety Commission has been placed in the
Law Department, which has no role to play in the law and Order within a province.97Where
as the secretariat of the National Public Safety Commission has been established in the
National Police Bureau.
61
Composition
District Public Safety Commissions comprise 8, 10, or 12 members depending upon the area
and population of the district. Half of the members of the DPSC shall be elected by the Zila
Council and other half will comprise of independent members to be appointed by the
Governor from a list of names recommended by the District Selection Panel under the
chairmanship of District and Sessions Judge. One third of both the elected and independent
members of the District Public Safety Commission shall be women. The Chairperson shall be
elected by the members from amongst themselves annually alternating between independent
and elected members.
The Capital City District Pub lie Safety Commission (CCDPSC) shall comprise 12 members.
Three members shall be elected by Zila Council. Another three members shall be nominated
by the Provincial Assembly (two from the treasury and one from opposition). Remaining six
independent members shall be selected by a selection panel headed by the Chief Justice of
the respective High Court.
Functions
The Commission shall approve an annual local policing plan, which shall be prepared by the
Capital City/City Police Officer/District Police Officer in consultation with the Zila Nazim,
seeing out the arrangements for the policing as well as the performance targets during the
year and their delivery mechanism. It will encourage Police-public cooperation and provide
recourse to Capital City Police Officer/City Police Officer/District Police Officer for
reporting against any unlawful or malafide Order or request for Police support from any
authority received by him or any officer subordinate to him and give a decision thereon
which shall prevail. The Commission will be vigilant against any collusive relationship
between the Zila Nazim and the Capital City Police Officer/City Police Officer/District
Police Officer which may prove detrimental to the public interest. The DPSC has the
authority to direct the City Police Officer or District Police Officer, where a head of a Police
Station has refused or avoided registering any First Information Report, to conduct an inquiry
and get the FIR registered and report compliance within 48 hours. It can report the matter to
Provincial Police Officer, Provincial Government or the Police Complaints Authority for
appropriate action if the City Police Officer or District Police Officer does not submit a
report or take action on the direction given by the District Public Safety Commission. It can
62
also direct the City Police Officer or District Police Officer in writing to enquire into a
complaint of neglect in general or by a functionary of a District Police and take appropriate
action and report within the specified period. The DPSC can also conduct a fact-finding
enquiry through two or more of its members, and in case of the complaint being validated, it
shall send its report and direct the City Police Officer/District Police Officer to suspend the
defaulting Police officer and take departmental action against him in accordance with the
rules. The functions of the Capital City District Public Safety Commission are almost
identical to that of the District Public Safety Commission.
The Police Complaints Authorities at Federal and Provincial levels are the main bodies
established under the new law for Police accountability. The Chairperson of the authority
shall be nominated by the President at Federal level and by the Governor at the Provincial
level. Six members shall be appointed by the Government upon the recommendation of
respective Public Service Commissions. The PCA shall have a Secretariat with an officer not
below BS-19. The PCA has the authority to get an enquiry conducted into complaints of
neglect, excess or misconduct against a Police Officer, (by an officer of its choice). The PCA
would recommend action to the competent authority on the basis of enquiry and may
recommend disciplinary action, against any inquiry officer for improper enquiry. The PCA
would also request the Chief Justice to appoint a District & Sessions Judge for judicial
enquiry in serious cases e.g.; death, rape, injury in Police custody. In case of a frivolous
complaint, it may initiate legal action against the complainant (if proved, six months
punishment). The PCA would send annual reports to the Provincial Government.
The Government may establish voluntary, self financing and autonomous bodies in
consultation with the National or Provincial Public Safety Commission for developing liaison
between the Police and the aggrieved citizens for providing relief. The CPLC would provide
assistance to PSC, PCA and the Police for expeditious and judicious discharge of duties. It
would also help in the training and capacity building of PSC.
The experience of Citizen Police Liaison Committee has been very successful in Karachi.
This committee was established in Karachi in 1991 under the provisions of the Police Rules.
63
Since then the committee has played an important role in resolving the grievances of the
people of Karachi. However, the experience of such committees in the rural districts of Sindh
was not successful.
Establishment of the Criminal Justice Coordination Committee has been provided under the
Police Order, 2002. These Committees stand constituted in every district under the District &
Sessions Judge. The heads of various components of the Criminal Justice System are
members of this Committee. The Criminal Justice Coordination Committee shall oversee and
work for the improvement of the criminal justice system by promoting understanding,
cooperation and coordination in the administration of criminal justice system. The
Committee is also responsible to formulate coordinated priorities and plans to give effect to
locally agreed policies and to promote good practices. The Committee shall also review the
implementation of its decisions.
The District Public Safety Commissions have been established in majority of the Districts.
The feedback from various Commissions has revealed a number of difficulties, problems,
impediments and obstructions in their functioning. The Research Group had an opportunity
to examine the working of District Public Safety Commission at Sheikhupura as a case study,
which is discussed below:
Although District Public Safety Commissions have been constituted in almost all the
Districts, yet in most Districts the Commissions are incomplete. Instead of having 8 or 10
members, certain Commissions are deficient by 2-3 members. In some under- developed
areas of Pakistan the Governments are finding it difficult to induct women members in the
slots reserved for them in the Safety Commissions on account of the prevalent cultural taboos
and social impediments to female participation in public life.
Under Article 39, the Chairperson shall be elected by the members from amongst themselves,
annually alternating between independent and elected members. In such a case, one group,
either elected or independent, would get the Chairmanship for 2 years in the three year term.
64
This will be unfair to the other group. In Order to remove this disparity, it needs to be
provided in the supporting rules that the Chairmanship of next District Public Safety
Commission would go to the other group.
There is a general complaint by the Chairpersons of DPSCs that the DPOs seldom attend the
meetings of DPSCs. They either send an Additional Superintendent of Police or the Deputy
Superintendent of Police (Headquarters) to attend the meetings in their place. Zila Nazim,
Bahawalnagar as well as DCO, Sialkot expressed concern in this regard during a seminar
held on Police Reforms at NIPA, Lahore on 30th September, 2003. The Chairpersons of the
DPSCs also complained that the DPOs do not take appropriate action on complaints referred
to them by the Commissions, particularly against Police officials.
The District Public Safety Commissions in the major districts of 10 members and in other
districts, consist of 8 members, half of these members are to be elected by Zila Council. The
party of Zila Nazim is having majority in the Zila Council; therefore, it is likely that the Zila
Nazim has more representation on the DPSC. The law also provides one of the members of
the District Selection Panel to be a nominee of the Zila Nazim; therefore he may use his
influence in the selection of independent members as well, thus affecting the neutrality of the
commission. The law envisages the commission as a neutral public body and one of the
major functions of DPSC is to check the collusion of interests between the Zila Nazim and
the District Police Officer which may not be possible under the given situation.
Public Opinion
"The DPSCs have been notified in all the provinces, however, their constitution and proper
functioning needs lot of resources which are not available. In addition to sufficient funds,
the-commitment of the political leadership is desperately required for the complete
enforcement of PO, since many of the hurdles are due to the undue interference of the public
representatives and districts government-led administration".
These bodies at the District, Provincial and Federal levels have representation from a wide
cross section of civil society; elected representatives, technocrats, men of experience from
65
different walks of life. They will definitely produce good results provided they are given the
opportunity and time. This is a novel concept which essentially requires the right mechanism
to ensure responsible conduct from the Police. A similar system introduced in Japan as part
of the greater political, administrative and social reforms agenda, subsequent to the Second
World War, has proved remarkably effective in improving the tone and tenor of law
enforcement and crime control.
"The constitution of these Commissions has been designed to equip them with an enabling
mechanism for ensuring neutrality and transparency in Police working. Half of the members
of the Commission would be public representatives and the rest would be from the civil
society persons of known integrity and imbued with a sense of public service".
Analysis
District Public Safety Commissions are assumed to play an important role in redressing the
public grievances against Police. These bodies are at a nascent stage of their establishment
and it would be unfair to be judgmental about their performance at this early stage. These
bodies are recommendatory in ni;1ture but have been assigned responsibility without an arm
to implement their directions. The Commissions are supposed to be neutral bodies however
owing to the nature of their composition it will be impossible to isolate them from the
political environment of the districts and the influence of Zila Nazim. The Public Safety
Commissions are faeigg great difficulties in their smooth functioning due to lack of sufficient
resources, support and cooperation from the concerned Governments.
But not every one can afford this relief; moreover the Police officers over the time have
developed ways to defeat the efficacy of relief provided by the courts.
The provincial government has the power to request the Chief Justice of the High Court to
get an inquiry conducted through a Session Judge against Police excesses. But rarely the
Governments have been referring such cases since they themselves were misusing the Police
for their own ends.
Compared with the previous Accountability Mechanisms, the Police as an organization and
officers in their individually capacity have been subjected to a comprehensive accountability
66
through public bodies and independent judiciary under the new Police law. An analysis is
being undertaken as to how far the mechanism created under the PO would really be
workable and effective.
Public Safety Commissions created under the Police reforms have been vested with powers
to make Police accountable at all functional levels through appropriate provisions of law
under the Police Order 2002.
District Public Safety Commission & Capital City Public Safety Commission
These bodies have been assigned the powers to receive complaints or Police neglect or
excesses and direct the head of Police to take action within a specified period or in case of
Police excess, may conduct a fact-finding enquiry itself. And if proved so, direct the head of
Police to suspend the delinquent Police officer and take action under rules. In case the head
of Police does not take any action, they may report to the Provincial Police Officer,
Provincial Government or Police Complaints Authority for appropriate action.
This is apparently an effective .mechanism to make the Police accountable to the public
bodies but there is another side. It has been observed that wherever District Safety
Commissions have been instituted, their performance has been far from satisfactory. The
spirit of the new law was to create neutral public bodies, but due to faulty selection procedure
many incapable having strong political affiliations, have been selected as members of the
commissions. There is strong likelihood that they will mix up with the local.)
Police to advance their own political agenda, the real objective of these public bodies to act
as an insulator and watch dog over Police might prove wrong. If the commissions do not
67
have solid support of the provincial government they may prove like another toothless Police
committees of the past. But at the same time, it will be unfair to judge their performance in
the absence of required infrastructure and other interconnected vertical and horizontal bodies
to support and make their functioning meaningful. It is an important democratic requirement
of a civil society, to make the public organizations particularly like Police; accountable to the
very people they serve. Since it is a new concept where there are no democratic traditions, so
there is a strong likelihood that the commissions may not be effective during the initial years.
Hopefully with the passage of time the quality of members will improve and they will start
understanding their duties and responsibilities. Moreover like any other system, it will also
take some time to mature and fulfill the objectives of its creation. It is practically difficult in
our social political environment to disassociate the members from the politics but their
political ambitions may be translated for the betterment of the people.
These commissions have been assigned an important role in the selection and removal of
senior Police command but at the same time to act as insulators for the Police officers against
unlawful or malafide Orders. In this way the commissions can make the senior hierarchy
accountable for their unsatisfactory performance.
These commissions will be headed by the Home and Interior minister respectively with
powers of recommendatory nature so it is yet to be seen as to what extent they will be
effective in their functioning. It is also perceived that these bodies will dilute the authority of
provincial governments, which are constitutionally responsible for the maintenance of law
and Order in the provinces. Since the government ministers with recommendatory powers
head these commissions, their effectiveness will largely depend upon the political will of the
Provincial and Federal Government.
The District Nazim has been assigned some very important powers to regulate and check the
Police working detrimental to the interest of general public. He has been given power to
enforce the provisions of section CrPC in his own discretion, visit the Police stations, check
illegal detentions, Order registration of FIR and direct the head of Police to take appropriate
action.IS3 Under the Police Order and Local Government Ordinance, he has been envisaged
68
as head of district government and responsible in the matters of law and Order. In this regard
he has been given the power to evaluate the performance of head of Police, for which
necessary amendment in rules has not yet been stipulated. The study has shown that the
Nazims are not exercising the powers assigned to them to redress the grievances of the
people against Police misconduct. Partially may be they want to keep good relationship with
the head of Police which can server better their political ambitions or due to lack of
government support and absence of provincial public bodies to supplement and support their
action. Where the. Nazim is from the opposition political party, the provincial government
can make him ineffective through the Dca and the DPO in sheer disregard to the authority
assigned to him under law. Finally their success will largely depend upon the will of the
Provincial Government.
It is still debated that how much power Nazim should be given for an effective control over
the Police. In a meeting in Lahore, the Nazims demanded of status of ex-officio chairmen of
safety commissions like Provincial and National Safety Commissions. Some also want Police
to be devolved like other provincial departments for good governance and effectiveness of
the district government.
The Authority can receive complaints from any person against Police neglect, excess or
misconduct, process the complaints, refer ordinary cases to the appropriate Police authorities
for appropriate action and in serious cases initiate action at its own. It can also appoint an
inquiry officer in its own discretion and supervise the inquiries and ensure appropriate
disciplinary as well as criminal actions thereof taken on the findings of the inquiries, and
inform the complainant about the outcome of the inquiry. It is mandated to receive reports of
death, rape, or serious injury to any person in Police custody and request Chief Justice of the
High Court with intimation to the government for judicial inquiry to be conducted by the
District and Sessions Judge.
69
Selection of members for the authority will be done through the Public Service Commissions
to insure their neutrality and quality but their tenure of 3 years is too small to let them allow
to mature and contribute positively. Mechanism to receive complaint has been drawn simple
and easy but the authority has to extend easy access to the general public at least at district
level outside Police hierarchy to receive complaints. The procedures for fair and free
inquiries and appropriate action under the supervision of the Authority have been apparently
assured. There is no time frame given for the completion of inquiries and action thereof taken
on the findings of the inq4iries, which is very crucial. Unless an appropriate time is provided,
the confidence of the complainant cannot be earned and, resultantly, few people will come to
complain. The existing system of disciplinary procedures is so time consuming and
cumbersome that few people opt to lodge the complaint. Moreover, the inquiries will be
conducted through the Police officer from the same organization so there is strong likelihood
that the complainants will be harassed and forced to settle the issue. The objective of real
accountability may not be achieved. It again all depends upon the will of the governments
and proactive and meaningful cooperation from the senior Police command to make the
system work effectively in the larger interest of the people and the force.
Beside the inherent powers of the superior judiciary and the powers given under the
constitution, judiciary at district level has been assigned very significant powers to provide
relief almost against all Police related actions affecting the general public.
After separation of judiciary from the executive some very important powers have been
delegated to the district judiciary, which include;
• May direct change of investigation if satisfied that the petitioner is likely to suffer
injustice.
70
• Judicial inquiries in cases of death, rape or serious injuries in Police custody are to be
conducted by the District and Sessions Judges on the request of Police Complaints
Authorities to be Ordered by the Chief Justice of High Courts.
The above powers are very significant and people have gradually started benefiting from
these powers. According to data collected, a lot of FIRs were registered and investigations
transferred upon the Orders of District judiciary. Further as a result of separation of judiciary
and provision of judicial inquiries to be conducted by the Session Judges, the Police excess
and custodial offences have shown sharp downward trend. Hopefully these powers will playa
significant role to check Police excesses. The results can multiply of judiciary adopt a
proactive approach.
Union Public Safety Committees; These committees, created under the Local Government
Ordinance, have been assigned some monitoring powers at the Police station level, the
concept itself is very pragmatic, since the people interact with Police most of the time at the
Police Station level. Their usefulness will again depend upon the effectiveness of vertical
public bodies.
Role of Zila Mohtasib; The office of Zila Mohtasib created under the Local Government
Ordinance, has been empowered to redress the citizens complaints against maladministration
of the holders of public offices which include District Police Officers and officials. The
institution of Mohtasib already exists at the provincial level which still has to prove its
effectiveness while office of Zila Mohtasib is still to be created.
NGO's; The NGO's particularly the human rights organizations in recent times have been
raising their voices very loudly and effectively against Police excesses. They have used the
national and international media to highlight some cases of gross brutality and injustice
which forced the government to take effective action.
Bar Association; The bar associations are also becoming more vocal against Police
malpractices and highhandedness. Since the bars enjoy considerable influence over the
judiciary, they can use the judicial forum effectively in Police accountability.
71
Associations of Business, commerce and industrial Communities; From small town to the
big cities, the business communities have formed various associations and they play very
important role in the informal accountability mechanisms. They voice against the Police
negligence, inefficiency and highhandedness in media and at the highest level of government.
Role of Political Parties; Political parties whether from the government or opposition, play
an important role either to spoil a system or improve it.
Media; Along with print media, the development in satellite and information technology has
increased the effectiveness of media all over the world and it has emerged as an important
watch-dog institution'. Now the media is holding Countries, Governments, national and
international Organizations accountable before the people. In Pakistan also with the recent
addition of private satellite TV channels, the role of media in public accountability has
increased significantly. It is anticipated that the new satellite and information technology will
play an important role in the accountability of all public organization.
The present performance parameters to judge the performance of field units and officers, and
the evaluation system are highly defective. During research, the interviews conducted with
various Police officers confirmed that the faulty performance parameters and subjective
evaluation system is also responsible for the poor Police performance and accountability. It
was a common observation that in the present system not only the inefficient and corrupts
can go unpunished rather they can easily manage their promotions and important
assignments.
72
Supervisory Mechanism
The Police force in Pakistan has the most imbalance officer- men ratio against the minimum
required standards for proper supervision and effective accountability as per data collected
during research. In this regard, the comparison of Police with other civil departments and
armed forces is irrelevant due to the specific nature of duties and job requirements of Police.
Lack of sufficient supervisory officers and close supervision there off; is also responsible for
Police excesses by the subordinate officers.
Inspection of Police offices and Police stations by the supervisory officers used to be an
effective tool of accountability but with the passage of time, the system has collapsed due to
multiple reasons as stated by various senior Police officers during research interviews. This
has resulted in deterioration of record keeping, poor maintenance of government and case
properties, and financial embezzlements.
CONCLUSION
Internal and external accountability mechanisms before Police reforms were mainly intended
to keep the Police disciplined as an elective law enforcement organization under the control
of OM to maintain public Order. The system was neither designed nor provided any
purposeful accountability. Resultantly, the Police which was organized on the pattern of a
force developed a repressive culture in the absence of any meaningful accountability.
After independence, the same culture continued and finally after a long wait a comprehensive
internal and external accountability mechanism has been provided in the Police Order. The
new law has provided multiple internal and external mechanisms to meet the requirement of
a disciplined force and safe guard the citizens against Police excesses. This was one of the
major objectives of the Police reforms. Compared with the previous accountability
mechanisms, the Police as an organization and officers in their individually capacity have
been subjected to a comprehensive accountability through public bodies and independent
judiciary.
73
Though in the reforms this aspect got maximum attention but even then some segments of
the society fear that Police in the previous system under the general control of OM and in the
presence of executive magistracy was virtually out of control with no accountability so what
will happen when there will be no state institution to watch and control Police actions. With
more autonomy under the reforms, it is to be seen whether it will be used for the good of
people or will it further deteriorate the Police behaviour.
The reforms have been partially implemented, so it is unfair to pass any judgment upon the
effectiveness of accountability mechanisms. The analysis carried out in the light of study has
highlighted many shortcomings in the system which created rational doubts for the
effectiveness of accountability system. The framers of the law have tried their best to strike a
balance between the Police hierarchy, government and the public bodies. Only the time will
tell how this balance will work and whether the objectives of effective accountability
perceived in the reforms will be achieved.
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CHAPTER 7
CONCLUSIONS
AND RECOMMENDATIONS
The implementation of Police Order 2002 is still incomplete and the process has been
hampered due to a variety of reasons as pointed out earlier in the study. The implementation
of the Police reforms would require a sustained political will, removal of bureaucratic
impediments and appropriate resource allocation. The process is in a fledgling stage. Based
on the findings of the study, the syndicate has identified the ambiguities, shortcomings, and
issues which need serious attention of all the stack holders to make the reforms a success.
The syndicated would like to propose the following recommendations.
The promulgation of Police Order 2002 by the Federal Government generated a controversy
regarding the constitutional jurisdiction of the Federal Government. The Provincial
Governments have felt a sense of alienation over the enforcement of the new law, for more
than a hundred years they had been enjoying the authority to regulate the affairs of Police
under the repealed Police Act 1861.. The old Act though promulgated by the Central
Government gave an option to the Provinces to adopt the Act as they deemed fit. So keeping
the historical and constitutional position, the role of the Federal Government should have
been that of a facilitator rather than the enforcer.
Therefore, it is proposed that necessary amendments may be made to give an authority to the
Provincial Governments to adopt the new laws. This would create a sense of ownership.
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It is suggested that a committee at the national level representing all the stack holders may be
constituted to consider the reservations and recommendations of the provinces in this regard.
On the basis of the consensus, the provinces maybe allowed to make the necessary
amendments in the Police Order. This step would ensure harmony in Police laws in all the
provinces and generate the necessary political will which is the hallmark of any democratic
set-up.
The Police Order does not envisage Police as an independent department. However, the
confusion has arisen due to the delegation of status of ex-officio secretary to the Provincial
Police Officer since no' provision exists for ex-officio secretary in the provincial rules of
business which is being interpreted in different ways in various provinces. The law does not
exclude the role of Home Department as an administrative department of the Police.
Therefore it is necessary that the relationship of Police vis-à-vis Home Department may be
redefined in the context of Police Order.
Hence, it is suggested that the administrative and policy making role of Home Department
may be ensured which will remove the existing confusion. and eliminate the duality of
functions.
It is further recommended that to empower the PPO in financial and administrative matters,
necessary amendments may be made in the relevant laws and rules particularly the provincial
rules of business, financial rules and rules under the Provincial Civil Servant Acts.
ADMINISTRATIVE ISSUES
4. Posting/ Transfers
a) Effective chain of command is necessary to ensure the discipline in the Police force.
Posting and transfer is one of the mechanisms through which discipline is enforced by
removing the officers from their positions if they prove. to be inefficient. In the Police Order,
Article 15(3) the City Police Officer or District Police Officer can only be transferred (before
completion of tenure) with the concurrence both of Zila Nazim and respective Public Safety
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Commissions. The main objective of the Police Order, 2002 is to insulate the functioning of
Police from all political interference and ensure unity of command. The role of the Public
Safety Commissions at the Provincial and District level as well as that of a Nazim cannot be
isolated from the political environment. These bodies inevitably have a political complexion
by virtue of their composition. The Nazim, being an elected person, may not remain free
from political considerations.
Therefore, it is pertinent tit at the role of Public Safety Commissions and Nazims may be
eliminated in the transfer of the City Police Officer and the District Police Officer. It is
further proposed that the Provincial Government for the DIG and above, and PPO for SSP
and below may be given the authority to transfer/ remove an officer, in case, he has
demonstratively proved to be inefficient / ineffective after giving him sufficient opportunity
to defend himself.
b) Interpretation of Articles 15, 17, & 18 of the Police Order creates certain ambiguities
which need necessary clarifications or amendments;
Therefore, necessary amendments may be made in Article 84(3) of the Police Order to place
the secretariat of the Provincial Public Safety Commission within the Home Department of
the respective Provinces.
The linkage between the District Government and the District Police Officer is yet to be
institutionalized. The DPO is responsible to the Zila Nazim; however, Nazims apparently
have no control over Police. The relationship of Nazims with the DPO exhibits marked
variation across different districts. The role of the Nazim vis-à-vis DPO needs further
clarification. While Police has a district presence, yet it has not been devolved to the District
Government. An attempt has been made to link the Police with the District Government by
creating a relationship between Police and Zila Nazim in the Local Government Ordinance
and the Police Order, 2002. The Nazim is supposed to write the Annual Confidential Report
(ACR), however, no rules have been framed so far to enforce this provision. Interestingly,
Policy Order which is the relevant law is completely silent on this particular issue.
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It is, therefore, required that necessary amendments may be made in the Police Order, 2002
in this respect. District Nazim should be empowered to evaluate the performance of DPO in
the context of the public Order.
8. Linkage between Tehsil Municipal Administration and Local Police Police Order has
providcdprovided a linkage bctwecnbetween thc Zila Nazim and DPO. Built no linkage has
been provided between the Tcehsil Municipal Administration and the local Police under the
local governmcntgovernment and Police laws, for thce enforcement of local government
laws, to deal with emergency and law & Order situations. It is particularly necessary in
emergent and law & Order situations where the Zila Nazim is not available.
It is, therefore, proposed that a lillnkage may be provided betweelln Tehsil MUllicipal
Municipal e Admillnistratiolln allnd the local Police of the area., III this regard Ilnecessary
provisiolln may be illcorporatedcooperated ill the Police Order.
PUBLIC BODIES
According to Article 53 ( 1) and Article 77 ( I1) the Chief Justice of the respective High
Courts of the Provinces is to head the pancel for selection of independent members of the
Capital City and Provincial Public Safety Commissions respectively. It is likely that
aggrieved parties may approach the same courts against the selection process; adjudication
on such matters by the same court is against principle of law and justice. The same is
applicable in case of selection panel constituted for independent members of the National
Public Safety Commissions, which is being headed by the Chief Justice of the Supreme
Court of Pakistan; vide Article 89(1) of PO 2002.
10. Change of Selection Panel for Members of District Public Safety Commissions District
Public Safety Commissions and the Capital City District Public Safety Commission are the
most important bodies which have been assigned the role of a watch-dog body over the
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Police. One of their mandated tasks is to redress public grievances and to check the collusion
of interest between the Zila Nazim and District Police Officer. These Commissions are
supposedly to be neutral bodies but with the presence of nominee of Nazim on the Selection
Panel, for the scelcection of indepcendcent mcembcers, the composition of District Public
Safety Commission will have a tilt towards the Nazim. The role of Nazim in selection of
independent members may affect the neutrality of the Commission.
In Order to ensure the neutrality of the Commissions, it is proposed that the two members of
the selection panel may be nominated by the Provincial Public Safety Commission.
Public Safety Commissions at the district level are simply recommendatory in nature. They
are to forward their recommendations to the Provincial Police Officer, Provincial Public
Safety Commission and to the Government. None of these authorities appear to be bound to
accept the recommendations made by these Commissions. Therefore, there is a feeling that
these Commissions may remain toothless bodies in the absence of any binding authority.
Therefore, these Commissions should be empowered with .'tOsome binding authority for the
implementation of their directions. In case of non compliance of the directions of the Public
Safety Commissions, the Provincial Govemment Movement and the Provincial Police
Officer should be made responsible to pass appropriate directions to DPO, as the case merits.
In all the Provinces, except Punjab, no rules have been framed governing the functions of
DPSC and election of their Chairperson. The rules made in Punjab are also not very
comprehensive and are simply the repetition of the functions of these Commissions as
provided in the Police Order.
Therefore, comprehensive set of rules may be framed governing the Conduct of Business of
these Commissions ensuring uniformity and consistency in all the provinces. The provincial
governments may ensure provision of funds, staff and necessary equipment for smooth
functioning of these commissions.
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The law does not provide any training for the capacity building of the public bodies which is
necessary for the success of these reforms. Members of the commission are not generally
aware of their responsibilities It is therefore proposed that a programme should be designed
for capacity building of the members of the Public Safety Commissions. This training may be
made mandatory, to be undertaken within the first six months of the appointment of the
member.
ACCOUNTABILITY ISSUES
Police Complaints Authority is the most important institution to check the Police excesses.
These authorities have yet to be constituted due to absence of rules regarding appointment of
members. Provinces have been approaching NRB for guidance about the selection criteria of
the members of the authority. More over the authority has to perform the quasi judicial
functions relating to disciplinary matters.
a) It is, therefore, proposed that NRB should propose uniform draft rules for the selection of
tile members of tile authority by the respective Public Service Commissions.
b) It is necessary that tile chairperson should enjoy the confidence of tile people and have
necessary experience in tile field of administration and law. Hence, it is proposed that a
retired judge of tile superior judiciary may be appointed as chairperson of the Police
Complaints Authority.
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15. Code of conduct
Some provisions on duties and responsibilities of a Police officer have been provided under
article 3 & 4 of PO while Article 114, provides that the PPO and Capital City Police Officer
shall issue a code of conduct concerning the matters of search, detention/interrogation and
identification but a comprehensive code of conduct for a Police force is necessary to guide
and shape the behaviour of Police officers to achieve the objective of professional and
service oriented policing.
A draft of proposed code of conduct has been suggested by the research syndicate as
annexure lA' consisting provisions on;
Present disciplinary rules based on Removal of Service Ordinance 2000 do not fulfill the
requirements of Police discipline. Moreover accountability in an organization depends
largely on the effective disciplinary rules. In our socio-political environment, it is necessary
to place appropriate checks and balances on the discretion of punitive and amputate
authorities to minimize the misuse/abuse of discretion.
A draft of proposed disciplinary rules, inquiry procedures and establishment of discipline &
internal inquiries branch has been placed at annexure IB' and IC' respectively. The main
features are;
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17. Performance Parameters/Evaluation System
Nature of the Police working is different compared with other fields of services and varies
within. Present performance parameters and evaluation system for the field units and officers
are totally defective and subjective, with little relevance to the required and actual
performance. This has led to the degeneration of performance and a culture of sleaze within
the Police force. To achieve the objectives of reforms, it is essential to change the
performance parameters and evaluation system;
It is therefore proposed that ...service oriented performance parameters particularly for the
field units and officers may be laid down specific to each assignment. The evaluation may be
conducted on the3 basis of performance done against those benchmarks. A separate branch is
proposed to be created for the proper and professional handling of performance appraisal.
The Police force in Pakistan has the most imbalance officer- men ratio against the minimum
required standards for proper supervision and effective accountability, The supervisory
officers are supposed to command large contingent of force, due to which proper man-
management and discipline of the force is not possible.
It is therefore proposed that officer-men ratio should be brought in accordance with the
accepted principles of man management.
Inspection of Police offices and Police stations by !he supervisory officers used to be a
regular feature but with the passage of time the system has collapsed. This has resulted in
deterioration of record keeping, poor maintenance of government property, and financial
embezzlements.
It is therefore recommended that a separate branch may be created for inspection and internal
audit as provide in tile PO. It is proposed that said branch may be headed by an officer of the
rank of DIG along with suitable staff at Provincial level. A draft is proposed in this regard as
annexure 'E'.
FUNCTIONAL ISSUES
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20. Separation of Investigation from Watch & Ward
The most important functional specialization envisaged under the Police Order is separation
of investigation from watch & ward. A separate hierarchy has been created for investigation
purposes. A lot of controversy and divergent opinions exist in the Police and amongst other
stake holders. While functional separation of investigation is useful, the creation of a separate
hierarchy is against the principle of unity of command at the level of Police station and the
district. Moreover, the investigation cannot be de-linked with the other essential functions
and responsibilities of the Police at the Police station and district level. The present form of
separation has diluted the command and functional unity of the field units resulting poor
performance of Police;
It is, therefore, proposed that SP/Investigation at the district level may be placed under the
effective command of the DPO.
The authority in case of first change of investigation in a general Police area has been placed
with the head of investigation. In case of a province, it is an officer of the rank of Additional
Inspector General of Police, while in case of Capital City/City District it is an officer of the
rank of SSP. The board constituted to recommend the change of investigation is also
supposed to be headed by an officer of the rank of SSP. The authority for change of second
investigation has been placed with the PPO and CCPO respectively without any mention of
city district.
The contradiction is clear where the purpose of law is to devolve the authority and function
of provincial offices, whereas in this case, under Article 18 of PO 2002, the authority to
change the investigation has been centralized at the Provincial level.
It is, therefore, proposed that authority for the first change of investigation may be placed
with the regional Police officer in case of provincial general Police area while in case of
capita/city/city district, the authority may be placed with tlte CCPO and head of Police City
District.
b) The authority for change of second investigation may be placed with the PPO for all the
general Police area in the province.
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22. Capacity Building and Training
There is a serious crisis of training of manpower in Police where the training has been long
neglected. Not only the behaviour and orientation of Police can be changed without proper
training but it is also necessary to enhance their professional capacity. Presently professional
training of Police officers as an ongoing process is absent in the existing system. A Police
officer is required to go through a professional course only at the time of promotion to the
next rank.
It is therefore recommended that the training courses and facilities in the training institutes
should be upgraded on priority basis.
Every officer ill the force from constable to the SP rank should attend a professional course
of at least 15 days in a calendar year.
The course for every rank may be designed according to the nature of job and duties
performed by the officer.
Annual increment and promotion should strictly be linked with the professionalized training
courses.
The prevalent Police culture does not allow time-off from duty. This has greatly contributed
towards the complex psycho-social problems of the Police officers thus affecting their
normal behaviour on duty.
It is, therefore, proposed that compulsory time off from duty and periodic leave to all Police
officers may be provided which will certainly have positive effects upon their behaviour.
The modern management theories assign an important role to a better working environment
which is necessary for a civilized behaviour and optimum work output. The working
environment of the Police station with only rudimentary facilities is simply unacceptable in
its present form.
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It is, therefore, proposed that the Police stations may be provided all the necessary basic
facilities to enable the Police officers to feel a sense of dignity.
FINANCIAL ISSUES
Financial remuneration and other benefits play an equally important role in better behaviour
and performance or the public servants. According to current management theories, if the
bask needs of an employee are not met, it is difficult for him to behave normally and desist
from corruption. The job of Police officer is entirely different from other government
servants because of the risk of exposure to life threatening situations. Also the power and
authority vested in a Police officer would inevitability result in extortionist behaviour if the
Police continue to be underpaid and un-rewarded.
It is therefore, proposed that a special salary structure for the Police officers may be
approved. Initially, the officers who are assigned important field duties like investigation,
may be given a special salary package.
The Police Order envisages creation or separate Police establishments and functional
specialization of Police. Complete implementation in this regard requires an adequate
infrastructural support in terms of buildings, machinery, equipment, transport, human
resources, which require huge financial allocation. The Federal Government has promised to
provide financial assistance to the tune of Rs. 14 billion for Police reforms spread over a
period of ten years. However, for the success of reforms 1, it is imperative that the funds may
be released over a shorter time span.
It is proposed that the Federal Government may consider providing the required funds to
implement the Police reforms on a priority basis.
CONCLUDING REMARKS
Police Reforms have been introduced to achieve the objectives of good governance. The
complete implementation of Police Reforms needs a strong political will and commitment
which at the moment is moving at a slow pace. The Reforms are a long-term effort dependent
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upon building institutional capacity of the Police. A capable Police means a safe and secure
society relatively free from crime and violence. It is an essential component for building a
civil society and democratic system of governance, a pre-requisite to advancing other
developmental efforts.
Therefore all the stake holders must shed their prejudices to make the reforms a success
otherwise it will be too late to have a security and progress in the country.
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