ISLAMABAD: The president of the Supreme Court of Pakistan, Asif Saeed Khosa, emphasized the need to guarantee the administrative autonomy of the police and said that the issue is as important as the independence of the judiciary.
The observation was transmitted to the secretaries of law and interior on Thursday in a letter written by the Secretary of the Law and Justice Commission of Pakistan (LJCP), Dr. Muhammad Raheem Awan, on behalf of the president of the Supreme Court.
The letter asked government officials to strictly adhere to the Supreme Court verdict of January 21 before taking action regarding police reforms.
The letter asks government officials to adhere to the relevant Supreme Court verdict before taking action regarding police reforms.
In the ruling, which was issued in an appeal against a verdict of the Sindh High Court, the main court held that transfers and publications in all high-ranking posts of the Pakistan Police Service (PSP) must be made through orders of the inspector general of police (IGP) under transparent rules framed in Section 12 of the Police Act of 1861.
The ruling also said that to ensure integrity, competence, diligence and responsibility in the performance of the police, the federal government could consider framing a law to establish uniform criteria for appointments in high-ranking positions, independence of operation of senior officials, security of tenure, performance evaluation and accountability.
The verdict also requested federal and provincial governments to collaborate on matters of appointment and transfer of staff to senior positions. They are already expected to do so with regard to the prevention, detection and investigation of crime, as well as the prosecution and punishment of criminals.
The ruling held that the police were simultaneously subject to the legislative and executive competence of the federation and the provinces in relation to matters covered by articles 142 (b) and 240 of the Constitution.
Meanwhile, the letter written by the LJCP secretary noted that the data from the Police Complaint Claim Centers showed public confidence in the police. The centers have reduced the unnecessary burden of thousands of cases in the judiciary and the general public has become the final beneficiary of the new system.
The former president of the justice of Pakistan, Mian Saqib Nisar, had constituted the Police Reform Committee (RPC) on May 15 of last year that included reputable IGPs retired and on duty.
The PRC was asked to make recommendations to address the main professional matters of the police, especially the flaws in the investigation and the responsibility of the staff.
The terms of reference of the committee included issues such as the model police law, police responsibility, improved quality of investigation, alternative dispute resolution (ADR), urban police, the fight against terrorism within the justice system criminal and legislative reforms.
The PRC held several meetings and provided the first volume of its report, related to the model police law, in August last year. The volume contained specific proposals related to the investigation, police responsibility, ADR and urban police.
The committee presented the second volume of its report on responsibility, operational matters and legislative reforms in September last year.
The report of the People's Republic of China entitled "Police reforms: way forward" was formally presented on January 14 by the former president of the Nisar court. The president of the Supreme Court also highlighted the steps taken and implemented by the PRC in the last judicial year.
The Khosa Supreme Court President, while chairing a meeting of the PRC on September 23, highlighted his future plans by saying that the National Police Office (NPB) should devise a uniform strategy across the country regarding the correct narration of FIR, unnecessary arrest and false evidence so that improper use and abuse of the criminal case registration process could be discouraged.
It was unanimously decided during the last meeting that the committee would consider important issues as the next step to successfully achieve the goal of police reforms in the country. But in the meantime, the NPB, with the consultation of all PIGs, would prepare a proposal on these issues to share with the committee.
During the meeting, the president of the court also expressed concern about the alarming rate of acquittals in cases of murder due to failures in police investigations.
Posted on Dawn, October 4, 2019
Source: https://www.dawn.com/news/1508864/police-autonomy-as-important-as-independence-of-judiciary-cjp