Friday, August 11, 2017

Judiciary & Investigation




By Afzal A Shigri

UPON independence, we inherited a functional criminal justice system (CJS) that delivered and maintained peace in the country until the late 1960s. However, as Pakistan became embroiled in regional issues, the system faltered and the country paid a heavy price in the form of the virtual annihilation of the CJS’s fundamental structure, one that had evolved over decades.
Against this backdrop, attention shifted from institution building/improvement to fulfilling the onerous responsibilities of the newly assumed role of ‘regional leader’. Every institution was sacrificed at the altar of local political expediency to the point where its purpose and function were rendered obsolete. It goes without saying that in the absence of strong institutions to control arbitrary decision-making by the government, which legitimises its actions through a questionable political process, the hope for just governance is likely to remain a chimera.
The British rulers established the structure of the CJS around the Indian Penal Code, the Code of Criminal Procedure (CrPc) and the Evidence Act, which were drafted by great minds that foresaw all possible eventualities. This vision formed an all-encompassing legal foundation for the criminal justice structure in India. Despite its colonial antecedents, it was an efficient system lasting for more than 100 years. The continuation of these laws in all the South Asian countries bears testimony to its legislative efficacy.
However, as the laws were not amended to address the evolving challenges of a changing world, the very institutions created and empowered by these laws were instead used to serve the political elite coveting regional dominance.
The role of the judicial magistrates is critical for thorough investigations and as a check on police.
This negligence in improving basic structures prefaced the breakdown of societal law and order and the fractured CJS found it difficult to deal with the emergent threat of terrorism. As a result, the government began to rely inordinately on the army in a strategy that was tantamount to firefighting without any comprehensive plan.
In this context, the National Action Plan was essentially adopted to address mounting public pressure for action. Yet even on the NAP agenda, the most vital topic of improvement of the CJS was relegated to the bottom of the 20 points. As feared, little was done to improve the system, for the outcome would have also been politically awkward.
In addition to hearing important cases against political governments in Karachi, and carrying out situation hearings and reports on the Quetta Civil Hospital bombing, the superior judiciary took note of the negligence in reforming the CJS, intervening proactively to force the executive to address the issues related to its functioning.
Undeniably, terrorism can only be confronted through an effective CJS, wherein the weakest link is the investigative process. If purged of political influence and closely monitored by the institution mandated to do so, positive results can be expected. However, no one wants to undertake this. Even the special and draconian legislation enacted in recent years has been of little help.
In this regard, a careful examination of the CrPc shows that the role of the lower judicial magistrates is critical for carrying out thorough investigations and as a check on police. This basic law has provided a delicately calibrated balance that defines the role of the magistracy in the investigation without its direct involvement in the process. In this way, it ensures the independence of the investigation.
For instance, Chapter XIV of the CrPc defines the role of the concerned magistrate by creating a fine balance of oversight and soft intervention in the process. For the investigation of a non-cognisable offence, the permission of a magistrate is mandatory under Section 155 CrPc. Section 156 (3) holds that a magistrate empowered under Section 190 can order a police officer to investigate a cognisable offence and under Section 157 it is binding for the police officer to send to the magistrate concerned a report of any information regarding the commission of a cognisable offence. Similarly, under Section 158, the investigating officer has to send the reports of every case investigated by him under Section 157 to the magistrate for his perusal.
Moreover, Section 159 empowers the magistrate to order an investigation and, if required, either proceed himself or depute a magistrate junior to him for preliminary enquiry. It is again the magistrate who has to give physical remand of an accused to the police for investigation after determining the need for extending the remand. This is a very potent tool in the hands of the magistrate for monitoring the investigation. Yet again, the closing of a case against an accused under Section 169 is subject to review by the magistrate. During the investigation, Section 164 empowers the magistrate to record the statements related to a crime or confession.
After the separation of the judiciary from the executive and the abolition of the executive magistracy, judicial magistrates are reluctant to play the proactive role provisioned in the procedural law. In the light of the worsening law and order situation and the emergence of the threat of terrorism, it is important to revert to the basics and strictly adhere to the provisions discussed above.
The higher judiciary should provide the guidelines on considering the CJS as a package that can only deliver if the functioning of its many arms is synchronised. The example of Britain in the wake of the 2011 London riots is illuminating, where the judiciary played a leading role by instituting double shifts of court hearings and punishing the offenders.
Of course, the situation in Pakistan is far more serious. That makes it even more imperative that the investigators be not only supported but also monitored in bringing the offenders to book. Responsible institutions must work together towards this goal, with the higher judiciary guaranteeing the active participation of all the players and the transparency of CJS’s functioning.
Oft-repeated recommendations for resuscitating the old system of executive magistracy as a panacea for contemporary challenges will prove futile, for it has outlived its utility and serves but to attenuate the judiciary and distort the entire criminal justice system.
The writer is a former IGP Sindh.
Published in Dawn, June 19th, 2017

Sunday, May 29, 2016

Transparency in custodial investigations



 
This article was published in Express Tribune on May 19, 2016
By Afzal Ali Shigri


A suspect is arrested, and in line with the special law, the court gives a 90-day remand to the Rangers to interrogate him for his alleged involvement in criminal activities. On the third day, the man dies while being rushed to the hospital. The media explodes with headlines, and the whole process of investigation is called into question, with even the postmortem report becoming publicized. The reporting and analysis by the media disfavours the very force that has been widely lauded hitherto for restoring peace to Karachi. This is how a single blunder or botched investigation can obscure the months and years of good work done by members of the same force.
A death in police custody is something that cannot be completely eliminated in the same way as death cannot be banished from our lives. What should be addressed is the transparency of the process regulating custodial investigations. In a number of cases, custodial deaths happen because the individual under investigation is placed under a great deal of stress due to the fearful environment existing in police custody. Different methods are employed by the investigators to pressure, confront and scare the accused persons to reveal the truth as to the allegations levelled at them. Admittedly, in many cases, the accused persons may be severely tortured. However, in a larger number of cases, deaths can occur due to heightened anxiety, guilt and fear of being discovered, which can trigger underlying, and in some cases, undetected medical conditions to devastating and fatal effect.
In order to address the problems arising due to such contestable custodial deaths, legal provisions within the Criminal Procedural Law allow the area magistrate to conduct an inquiry to determine the cause of death. In case of torture being proven, the magistrate can initiate legal action immediately. In all unnatural deaths, an inquest report is based on the post-mortem report conducted by an authorised doctor or board of doctors.
With time, this law has lost its efficacy in determining the actual cause of the death. As the relationship between the police and the magistracy degenerated into collusion, the magistracy that was the part of the executive began to be used for covering up facts rather than for ensuring the transparency of findings. The Police Order 2002 specifically addressed this issue of public interest and made a detailed provision that laid down the course of action in case of death, grievous hurt and complaint of rape in custody. In such cases, it was within the remit of the government to automatically request the high court to appoint a session judge to conduct a judicial inquiry in order to determine the facts of the case for possible criminal or departmental action.
Over time, the civilian police in the country has begun to be replaced by the civil armed forces because police personnel have lost their capacity to deal with law enforcement and maintenance of order in society. Due to political interference in police work, encompassing case investigations, arrests, bails, and even internal and administrative matters of appointment, training, promotion and postings, the police supervisory structure has been paralysed. This has completely fragmented the institutional capacity of police to perform its duties. Instead of addressing this malaise, the political government has resorted to inducting the civil armed forces for maintenance of order and crime control. The forces are ideally suited to dealing with a serious breakdown of order or to handle a hard target within a given timeframe. However, they should not be expected to perform regular police duties as they lack a system of internal management based on a mechanism that monitors and records all actions and movement of each policeman. Such a process, which is integrated into the institutional capacity of the police force, ensures effective control for affixing the responsibility in case of a mishap.
The deployment of the Rangers in Karachi has seen some critical reports in the media regarding the purported highhandedness of the Rangers. After the death of the MQM activist in the custody of the Rangers, those with vested interests have attempted to malign the paramilitary force, despite its impressive work at restoring peace to the city. While the military has rightly ordered an inquiry because of the government inaction, even this inquiry, which has been welcomed by the affected party, is being criticised. It cannot be stressed enough that the existing law should be allowed to run its course through an inquest by the magistrate to determine the cause of death and to furnish evidence for further legal action, should a need to hold the Rangers accountable be established in this instance.
The government must deal with law enforcement on priority, and instead of playing politics by deploying the civil armed forces to deal with unsavoury situations, it should assume full responsibility and desist from political interference in policing. Continued deployment of the military for policing functions will not only thin out its resources, it will also unnecessarily embroil it in needless political controversies. The solution consists of ensuring that the rule of law prevails in the operation of a fully accountable and neutral police force, which is insulated from all extraneous interference. As an immediate measure, all police chiefs should have legally ensured tenures with total operational autonomy. This would prevent the government from playing political games by embroiling the military in policing, which is ultimately the function of a civilian force.
Published in The Express Tribune, May 19th, 2016.

Saturday, May 14, 2016

Political Interference at its worst




Shariq Jamal Siddiqi District Police Officer of Bhawalnagar an upright and brave officer took action against the gunman of local MNA who had reported slapped a police constable. This was not acceptable to the MNA because he considers himself and his minions above the law that he legislates. The MNA very graciously offered to allow the officer to stay as the district head of police provided he had lunch at his house and apologized for the affront to him. Shariq is an honorable man and was not prepared to agree to such a humiliating treatment at the hands of a local politician for doing his duties. He refused and was transferred as OSD by the government of Punjab.
Sometimes back another upright officer Mr. Nekokara was also not only transferred for giving professional advice but also dismissed from service. His appeal is pending before the services tribunal. The political governments unfortunately are unable to differentiate between their personal servants and a public servant. Therefore such whimsical and unlawful decisions are being taken repeatedly. Politicians also expect the police to violate laws to meet their every unreasonable demand. It is not limited to petty matters but extends to investigation of the serious criminal cases, their prosecution, arrests and even matters of bail. Most of the elected members of assemblies from the ruling party consider it their right to even interfere in the internal administration of police department. There is no check on their wanton behavior and they have the full support of the government.
Transfer of an officer like Shariq for upholding the law is illegal, unwarranted and deplorable. The Chief Minister and the Prime Minster must understand that such actions are primarily responsible for the ineffectiveness of the police forces in the country. Depoliticize the police and half the problems will be solved in a day. Showcasing fancy forces like Dolphin and elite squads will not address the policing problems they have to address the fundamental issue of treating police as servant of the state and not their private employees.
Comments from the serving and retired officers are sought on this incident. Shariq was given a very good farewell because of his principled stand. He is a hero to his force and has earned their gratitude for standing by them. 

Afzal A Shigri

Tuesday, March 8, 2016

Internal Security Parameters




This chapter was written for “Center for International Strategic Studies” (CISS) for their book Pakistan’s Security Problems & Challenges in the Next Decade. This paper has attempted to look into the internal security in a broader perspective and has highlighted the key areas with possible way forward. 

By Afzal A Shigri
Internal Security Parameters
Background
The concept of a state emerged from collective living in an organized social structure aimed at ensuring security of life and property. A state that cannot provide security has no justification to exist. The right to live peacefully, to be dealt with according to law and to live one’s life without any fear constitutes a triad of fundamental rights upon which there is universal consensus. The constitution of Pakistan devotes a complete chapter 1 of part II to defining these rights, a close reading of which establishes that that all these rights flow from the right of a secure and peaceful existence. This is true of every country, and Pakistan is no exception. Indeed, it holds truer for Pakistan because the history of its creation, which was tragically violent, has been compounded by the menacing presence of a neighbor whose prime mantra has been a denial of the former’s existence as a viable state. Three successive wars with the behemoth eastern neighbor resulted in the forcible separation of Pakistan’s eastern wing. Although it has become fashionable to talk with disdain about a security state, given the circumstances of the country’s genesis, did Pakistan really have a choice to ignore the fundamental need of security and peace? The response to this pivotal question can only be a resounding ‘No.’ Indeed; the importance of internal security must be recognized and addressed in right earnest. Pakistan also has an international obligation as signatory to UN Universal Declaration of Human Rights and International Covenant on Civil and Political Rights to give security to all living within its territory. This chapter will briefly define the internal security parameters and identify and analyze the areas that need to be addressed as well as the challenges that they pose while exploring possible solutions.
Existing environments state of affairs
 To understand the internal security parameters, it is important that the geopolitical factor and its impact are examined because this is the single factor shaping the way Pakistan works. It suits some of the major international players of the 'Great Game' that Pakistan remains convulsed by the continual struggle for survival. Historically, the eastern border, which is also an ideological boundary, has been a perennial threat. The administrative border on the west was never thought to pose any threat. Afghan resistance to USSR occupation and our leading role in this resistance provided grounds to our enemies for sowing the seeds of discontent and encouraging the hostile elements. Pakistan’s policy of support to the Kashmiri resistance in India had repercussions in Afghanistan where with the connivance of the international players India has been playing an active role. In fact, there is concrete evidence of India’s engagement with the hostile elements in the country who[1] have been provided resources and training by the former through the western border. This factor has contributed significantly to a sharp increase in violence and atrocities evidenced in sectarian and ethnic militancy in Pakistan. This was further facilitated by vaguely-defined and porous western border, particularly in the bordering provinces. Due to Afghan resistance in the 1980s, influx of the refugees practically made this border irrelevant, and the hostile elements were able to make inroads into other parts of the country particularly in the urban centers.
 Pakistan’s enthusiasm for Jihad and the training imparted to the Afghan Mujahedeen were vital in compelling the withdrawal of USSR from Afghanistan, but these fighters were abandoned by the world after the departure of the Russians. Most of these battle-hardened fighters had nowhere to go. No one, including Pakistan, thought about their rehabilitation. This oversight was exacerbated by a distinct lack of concern about their integration in the normal social life on both sides of the border. Over time, they evolved into mercenaries. Soon, receiving support from their affiliates in Pakistan and abroad, the former Mujahedeen regrouped and morphed into human hubs for international militancy. They not only posed a threat to the world at large but also became major actors in local sectarian conflicts which soon found sustenance through a transformation into organized crime syndicates.
Organized crime proved to be a very lucrative occupation, and the existing culture of protection money (batha) and violent crimes of kidnapping for ransom as well as robberies developed into a huge source of wealth. Big cities presented ideal ground where this crime culture already existed in one or the other form. Apart from other urban centers of Khyber Pukhtunkhawa, Baluchistan and Punjab, and particularly Karachi in Sindh presented an ideal setting for such activities. Karachi since 1986 had seen a growing confluence of politics and organized crime that funded and sustained cycles of ethnic clashes as well as sectarian strife. Any individual with hired guns could, with sufficient muscle power, develop a structure of illegal funding for various parties thereby giving rise to turf wars that widely criminalized society at large the fallout of which permeated into Pakistan as people from every region were strongly linked to Karachi. In this fertile ground, the fighters of the Afghan war walked in, and with the ascendancy of the Pakistani Taliban they found ready bases amongst the local Pukhtun population. Their numbers swelled with new local converts of unemployed youth, and crime in the name of religion soon became an 'honorable' occupation for them. Looting the 'sinful city of Karachi' as well as other urban centers was kosher for them, and their narrow interpretation of religion gave them the needed religious fiat to pillage and plunder at will with extremely tragic outcomes for Karachi and Pakistan. Slowly but surely similar changes are taking place in other big urban centers exposing them to a rising crime and a nexus between the organized crime and militants. 
      This phenomenon was the direct outcome of the geopolitical reasons but Pakistan was already going through a change in the crime pattern mainly due to population growth, urbanization of the population and bad governance. Deprived youth in the commercial hub of Karachi and other urban areas of Sindh had already joined militant ethnic parties and were involved in acts of violence as well as collection of protection money (batha) and crime to collect funding for their patrons. The fallout of the Afghan war and geopolitical factors took this violence to a higher level with a new form of militancy that is now threatening the very existence of the country. In Baluchistan, the local nationalists with the support of certain foreign powers are on the war path. In Punjab, sectarian conflict spearheaded by the affiliates of the Taliban has given rise to violence against all the sects who do not adhere to or believe in the narrow interpretation of Islam propagated by this violent minority. In the absence of effective law enforcement or by other relatively peaceful groups, emboldened them resulting in more violence.   The repeated and regular cycle of violence has helped organized crime to grow and develop into a sophisticated structure of syndicated crime with a ready supply of recruits and resources. Their collusion with the militant groups has created a lethal mix, which has sinister implications for Pakistan’s struggle to achieve peace and security. The country is afire, and the deteriorating situation is a matter of grave concern particularly due to its nuclear assets. These assets were put in place to protect us, but we are now worried about the very security of these erstwhile sources of defense.
Mr. Abdullah, former Chief Secretary of KPK, well known for his administrative capabilities and recognized by the international communities for setting up and managing one of the most successful refugees’ camps as Afghan Refugees Chief Commissioner has summed up the challenge in the following words:
We are up against extensive insurgency which cannot be treated as a conventional law and order situation .Now we have to defend the borders inside the country which is more difficult than fighting on the borders. Our L.E.As are pitched against a well-organized (despite its internal ruptures), fully weaponized, committed, indoctrinated (with visible support in certain quarters) movement both esoteric and ideological. The ideological baggage that this movement carries with it has its appeal in certain quarters of the country. It has to be fought on all fronts. The complexities of today’s IS cannot be left to the police alone. All the systems have to be revamped otherwise the jigsaw puzzle cannot be resolved.[2]

Territorial structure and internal security
        One of the fundamental challenges encountered by the law enforcement agencies (LEAs) is the variety of administrative arrangements in Pakistan that even limits the jurisdiction of police to operate in certain areas.  According to Article 1 (2) of the constitution, the Territories of Pakistan shall comprise the four provinces, Islamabad Capital Territory, federally administered tribal areas and such states and territories as are or may be included in Pakistan whether by accession or otherwise.
        On ground the territories of Pakistan are administered differently with various sets of laws and regulations and are as under:
(a)    Majority of the areas are subject to regular justice system with formal police and courts. These are territories comprising, the settled four provinces with their own provincial governments and assemblies.
(b)   Federally Administered Tribal Areas (FATA) administered by the Government of Pakistan based on the agreement with tribes at the time of independence with representation in the parliament but without any provincial governments and assemblies. Legislation for these areas is being done by executive orders of the President.
(c)    Provincial Administered Tribal Areas (PATA): These are essentially semi-autonomous states that were included in Pakistan Territory and were included in the provinces and few others of tribal areas in Khyber Pukhtunkhawa.  These include the states of Swat, Dir and Chitral.
(d)   Baluchistan is divided in two categories namely 'A' areas mostly comprising cities covering about 5% of the total area and 'B' area covering the remaining 95% of the province. 'A' area has a regular administrative set up and regular courts. In 'B' areas there is no police but the law enforcement is entrusted to levies and Frontier Corps. The population however has a representation in the  assemblies and a rather undefined loose administrative arrangement under civil bureaucracy.[3]
In the tribal areas the law enforcement agencies with a very specific role are summarized below:
(a)    Frontier Corps: This force is basically for maintaining peace and order in most of these areas as well as protecting international interests. Earlier, according to the law they only acted under the instructions of the local political civil bureaucracy in FATA and 'B' areas in Baluchistan, but as the governance system has collapsed due to extra-ordinary circumstances the Frontier Corps increasingly operate independently. Because of its military structure and better firepower it is also deployed within 'A' area of Baluchistan province.
(b)   Levies have loosely organized policing structure but without a senior command. They work directly under the Deputy Commissioner and Political Agents for day-to-day policing. It is poorly trained and lack professionalism.  They are also linked to the local tribes as their recruitment is based on the quota allocation for various tribes and in some cases even on inheritance. Their loyalty to their tribe and the tribal sardars constrains their ability to operate effectively. Misuse of this force in 'B' areas is rampant. A large number of them work as personal guards of influential sardars.
(c)    Khasa Dar: This force exists only in FATA. Members of this force are locally nominated by the tribes and have no prior training they directly serve the political authorities. Again, they are non-professional militia.
In these areas, the normal jurisdiction of the High Court does not exist, and the trial is by the local Jirga. They are governed by special laws like FCR and a mix of Rawaj (tradition) and Sharia (Islamic laws).
A unique history of a justice system that includes civil as well as criminal matters is that of Malakand. After the merger of these areas as regular districts, surprisingly, no action was taken to extend the normal legal system through proper and well considered legislation[4]. The police and the courts structures were introduced through executive orders. The slow and grinding criminal system was extremely frustrating for the local population who were accustomed to simple and speedy justice. The system worked through this ad hoc arrangement resulting in discontent and unrest amongst the public giving rise to the Sharia Movement[5] by Sufi Muhammad that ultimately transformed into violent militancy perpetuated by his son-in-law Mulla Fazalullah. The Nizam-e-Adal regulation[6] later on introduced has yet to take roots. This rather thoughtless process had a catastrophic effect on a very peaceful area, which has been now exposed to serious threats by the extremist elements in the name of religion.
In Baluchistan, during the rule of Pervaiz Musharraf and as part of the governance reforms, the regular police jurisdiction was extended to the 'B' areas.[7] This would not have only mainstreamed this area but also provided job opportunities to the locals, but unfortunately this decision was reversed by the political government after 2008 elections for appeasing the influential tribal sardars.
Such a variety of administrative set ups, their disconnect with a standard criminal justice system in any country would pose serious difficulties in law enforcement even under normal circumstances. The situation becomes extremely challenging when the government is confronted with insurgency forcing it to defend its borders inside the country including within its major cities.
Justice (R) Manzoor Gilani summed up the problem and solution in the following words.
Unsettled and uncertain politico-administrative situation in FATA and PATA and on account of jehadi culture evolved during Afghan war multiple problems have accrued in settled areas of Pakistan such as illegal immigrants, Kalashnikov and drug culture, thefts, robberies, smuggling, abduction for ransom etc. Way out is mainstreaming of these areas in the constitutional set up of the country with provincial set up to FATA and amalgamation of PATA in Khyber Pukhtun Khawa[8].
      The tribal area and (B) area are under the virtual control of the local tribes or Sardar, a safe haven for criminals and a secure space where stolen properties such as vehicles can be kept and utilized freely. The tribal areas are also convenient places for weapon storage and illegal, smuggled goods as well as narcotics. These practically become a staging ground for the organized gangs of criminals and the terrorists.
The purpose of above analysis is to highlight the inherent flaws in the prevailing governance structure of the state and the problems that continue to impede the efforts to maintain peace in the country. Sadly, successive governments have not addressed these basic issues for mainstreaming the tribal and the special areas by reforming the system in line with the constitutional provisions and treating the people of these areas on par with the rest of the country. Granted that in order to meet the local needs, the legislation has to be tailored for [9]different administrative units keeping in view their special environment,[10] but such an excuse is not sufficient to continue to deny these areas the right of integration into the system with the rest of the country.
The newly appointed chief of ISI has highlighted the difficulties in operation in FATA and need of the cooperation of the local population in these words. “The Federally Administered Tribal Areas are a vast, remote, and rurally populated region. Finding and eradicating small pockets of radicals without the cooperation of the tribals is like finding the proverbial needle in the haystack without help from the straw….”[11] It is absolutely important that vested interests should not be allowed to hinder the process of mainstreaming the people of these areas and keeping them subjected to medieval laws impinging on their fundamental rights.  
CRIMINAL JUSTICE SYSTEM:
Only an effective and just Criminal justice system can guarantee lasting peace and order. If all parts of this system are weak and disorganized, it is bound to give rise to the weakening of the state thereby exposing it to grave dangers. A look at the system, therefore, is key to understanding the collapse of internal security in the country.            
The criminal justice system comprises police, prosecution, courts and probation/rehabilitation departments. While mentioning the system, the National Internal Security Policy document has recognized officially that all segments of the system need to be improved to get any positive results in implementation of the internal security policy. 
Police:
National Reconstruction Bureau report of 2001 on Police Reforms[12] fittingly summarized the history and the fundamental flaws of Police in Pakistan as follows.
  In Pakistan we inherited a police system that was not only fundamentally flawed but also perceived to be working against the interests of the people. One could argue this point forever but there is a common ground “that contemporary policing was faced with a  deepening crisis both internally within its own - anachronistic - organization and externally in its relationship to the public.

  As enormous social and economic changes have taken place in the country since 14th August 1947, the concept of maintenance of law and order has also undergone substantial changes. Whereas availability of the fundamental rights to the people, spread of education, and growing economic activity have created pressures to change the nature and quality of policing, there has been unwarranted political interference by irresponsible politicians that has made policing more difficult. Unfortunately the emergence of these and other factors directly impacting police role and performance have not been accompanied by corresponding changes in the archaic structure of the police that presently lacks both capability and capacity for shouldering massive challenges emanating from political pressures or from the emerging  compulsions of law and order.

The police system in Pakistan has been “a prisoner of history without any breakaway from its colonial past”. The outmoded and outdated system of policing conceived by the colonial masters for a different objective more than 139 years ago, has continued unchanged due to the unbroken nexus of the bureaucracy and the politicians; the organization “presents a bewildering picture that is too static and devoid of the dynamism of change.[13]


The police system in Pakistan is a remnant of the British Era. The law under which police was created in United India was enacted in 1861 in the wake of the 1857 War of Independence. Against this backdrop, the British designed the police force on the pattern of Irish Police Constabulary, essentially a militarized version to maintain order. The purpose was to maintain order at all cost. If it provided any service in crime control, it was incidental. Various governments realized the need for reforming police and bringing it in line with the modern police structures. To achieve this 29 commissions, committees were appointed by various governments and experts examined all the issues in detail and came up with concrete recommendations that were never implemented on one or the other pretext.
      Reforms meant extra resources, and the major, common factor for non-implementation of these reforms was the erroneous perception that expenditure on police was a non- development expenditure, and, therefore, the resources could not be allocated for this purpose. It was for the first time that Dr. Mehboob ul Haq put the expenditure for the up-gradation of law enforcement agencies under the development budget. Mostly, the dragging of feet on the reform issue stemmed from narrow political considerations paralleled by a reluctance to bring about any meaningful reforms that would dilute political interference in the police functions.
It was only in 2002 that, ironically, a military ruler[14] gave a modern and people-friendly law to Pakistan. This law was crafted on the following principles. 
·         Transformation of police role from enforcement to service
·         Insulation of police from political interference
·         Operational and administrative autonomy with full responsibility
·         External oversight by the civil society
·         Strict, swift and credible accountability of police
    The most important and balancing element was the call for expunging political interference in the administrative and operational matters of the police. Saving the institutions from the ones who control them is a challenge that has been addressed in different ways by many countries.
            Because of this single factor, the law took a long time to implement. In fact, recently in two provinces, the law has been scrapped and replaced yet again with the archaic law of 1861. In the other two provinces, the provisions of police law have not been implemented and, in a very devious manner, through parallel legislations in other laws, many provisions been made redundant.[15] On the other hand, there has been no increase in the number of police personnel proportionate to the population growth. Karachi is the worst example of neglect in this regard. For a population of 27,993,000[16]  the sanctioned strength of police is just 35,000[17] with a recent promise of 5000 additional men. These manpower resources have been further eroded by the reassignment of police the role of providing security to persons with sometimes real and mostly perceived threats. Presently, more than five thousand personnel are deputed for such duties. Interference in the duties of the police and selection of its heads on the basis of how weak and compliant the officer is has practically paralyzed the police forces in Pakistan. Their misuse in political matters has further compromised their credibility limiting their capability to deal with complex and difficult crimes of land grabbing and organized crime. Alarmingly, this interference even extends to acts of terrorism involving sectarian outfits. This has led to growing reliance on para-military forces and the army. This trend has its own unfortunate implications with tragic outcomes for the implementation of democratic practices. This specific issue has been addressed in detail separately.
With reference to interference by politicians, Mr. Iftikhar Rashid, former Inspector General of Police, an outstanding officer commented:
Political influence and bridari structure has a very negative impact on the entire government machinery including police. This pernicious interference particularly is alarming as it destroys the entire justice system. It was the weakness of the institutions that allowed this influence to flourish resultantly with erosion of their effectiveness and authority. Bureaucracy is however equally responsible for this state of affairs as they willingly collaborated for personal gains.[18]
Prosecution
   Another weak link is the absence of a well-organized and quality prosecution service in the criminal justice system for bringing the criminals to justice. During the consideration of police reforms, this issue was flagged with the NRB proposing a separate, independent prosecution department. Proper prosecution is key to the effective functioning of criminal justice system. Prosecution departments were created, but, unfortunately, this too was considered to be an opportunity of political patronage. Recruitment on political consideration without any transparent method of hiring and resource constraints from its very inception made the department yet another form of squandered resource that has failed to deal with the challenges of prosecuting hardened criminals and terrorists. Despite 48 functional, anti-terrorist courts and new prosecution department from 2008 to 2012, 14115 terrorists were acquitted, and 10387 were released on bail, 6661 cases were decided against and 13053 cases[19] were instituted. The accused include a large number of dangerous terrorists who were acquitted or released on bail and are back to their trade of committing crime and terrorism.
Courts:
"Suspects in Pakistan who survive investigation by police find themselves before the courts- and may the Lord have mercy on their souls."[20]
    The higher judiciary enjoys a certain level of credibility, but as an institution it has totally failed to come up to the expectations of a common man. Like the rest of the society, corruption has also seeped into the lower and middle level structure. This has been further compounded due to resource constraints in the shape of infrastructure and massive increases in their duties. After the abolition of the post of District Magistrate and the Executive Magistrate, the courts hear all civilian and criminal cases. In addition to a large number of cases instituted every year, there is also the additional burden of bail applicants, preventive action, and miscellaneous applications taking up the time of the courts. Without proper court rooms, basic infrastructure and staff, the presiding officers of these courts are unable to cope with the volume of the work. This results in repeated adjournments of the cases.  A delayed trial of the cases generates frustration and discontent amongst the litigants and also opens the door for corruption. In criminal cases, the criminals are released on bail who then go back in the society knowing the weakness of the system and resort to committing crimes with impunity. Experience has shown that the criminals on bail commit crimes to raise resources in order to fight against their conviction in a dysfunctional system.
 A typical example of the complete apathy and neglect in this regard is the absence of infrastructure for the district administration, police and the courts in the capital city of the country. The Capital was shifted to Islamabad in early sixties, and to date the courts, the administration and police have been performing their duties from the shops located in commercial plazas. Recent attack on the courts in Islamabad by the terrorists highlights the difficulty in providing security to the courts which were located in the middle of a commercial center. But inexplicably even after this brazen act of violence, no urgency in addressing this problem is discernible. In view of the prevailing security challenges, one would have expected some swift action, but the skewed priority for a metro bus seemed to have taken precedence. The courts and the administration continue to work under insecure conditions.
According to the Justice and Law Commission Annual Report (2013),[21] there were 1172 judges including the district judges in Punjab Province required to deal with all civil and criminal cases numbering 1,929,236. On the average every court is expected to deal with 1646 cases in a year. It is humanly impossible for the courts to deal with such large number of cases, but everyone including the judiciary is oblivious to the state of affairs. Sou moto action by the superior judiciary has been reduced to an action for possessing two bottles of liquor, or sugar prices but apparently this important issue of prime public interest does not merit attention of the courts. There is an urgent need to increase the number of courts and also to provide requisite security, infrastructure and administrative support to courts to speed up the process of trial of the criminal cases.
            The overworked judges are expected to try the cases of terrorism and organized crime and hand down maximum punishments without logistical support and security. It is not only impractical but also bears testimony to the incompetence and distorted priorities of the policymakers. Some brave souls, despite these risks and constraints, have punished the terrorists and given the ultimate sacrifice of martyrdom. It is, therefore, not surprising that the cases of high profile nature remain under trial without any decision or end in acquittals.     The Musharraf government had secured funding of three hundred million dollars from the Asian Development Bank for Access to Justice Program reforms[22] that was placed at the disposal of the then Chief Justice of the Supreme Court of Pakistan. Except substantial funding for the higher judiciary, the funding has made no difference to the capacity of the lower court. The existing structure is incapable even of dealing with routine cases under normal circumstances. Expectation of any results in dealing with the present challenging situation is not realistic. Despite its much-trumpeted independence, the judiciary has made no difference in the performance of the lower judiciary, and due to raised public expectations, the higher courts are clogged with petitions, which keep them engaged in the hearing of these urgent applications at the expense of pending appeals. 
Probation/Rehabilitation Department:
 Every province has Probation/Rehabilitation Department that is expected to help in the rehabilitation of the convicted prisoners. This department exists only in name, and except for releasing people on probation, no other useful work is done by this department is in evidence. In all the modern and developed countries, this department has a key role in rehabilitation and re-integration of the criminal in the society and conversion into a useful member of the society. As an important arm of the criminal justice system, the department requires urgent attention and it can be used as a useful unit for de-radicalization of the prospective terrorist.
            The fractured criminal justice system is expected to fight one of the most complex and difficult mixes of insurgency, internal conflict and terrorism found anywhere in the world. It is a matter of grave concern, which we expect to be addressed by a tattered and non-functioning system. Despite these impediments, if the personnel working in these institutions, no matter how flawed are provided support and encouragement, they can still rise to the challenge. Only a courageous and committed leader is needed to lead them.
Militarization of Law Enforcement Agencies
            Every government wants swift results and a quick fix. The stock answer to all emergencies is to look up to the only strong institution, the Pakistan Army. In maintaining peace, the governments have also opted to frequently call in the army.  Initially it was for a short period of time to deal with law and order situation, but as a civilian law and enforcement structure has weakened and degraded due to paucity of resources and political interference, the period of deployment has been extended. Occasional deployment gradually became a regular feature. Government gradually tended to rely on the armed forces for police work. This also absolved them of the political fall out of any coercive action during enforcement requiring use of force. This provided temporary relief, but in the long run this frequent involvement of the army led to a negative impact on the democratic norms of governance and exposed the weakness of the political system. It also gradually set in motion a process of militarization of civilian law enforcement machinery. Various aspects of this process are discussed in the following section.
            In 1947, two forces by the name of home guards in Punjab and Sind Rifle in Sind were created under the police in order to control the international border. In 1958, the command of these border police forces was transferred to the officers of the Pakistan Army and emerged as the present day Rangers.[23]  This transfer of the command meant that the control of this force was effectively shifted to the army. This also excluded direct control of this force by the central government. Despite the force being in name under the Ministry of Interior, the officers who are assigned on secondment to these forces look up to military command for all policy matters.
            When the Pakistan Anti-Narcotics Control Board[24] was converted into Anti-Narcotics Force,[25] this organization instead of remaining a police set up was practically transformed into extension of the army despite its being under the administrative control of the federal government with posting of serving forces of armed forces in this organization. When commanded by the army also means that the force operates like an army formation rather than as a civilian law enforcing agency. Its emphasis is on operations and not on investigation for narcotics control, which is fundamentally flawed and leads to a lack of ability to uproot the source of narcotics proliferation on ground.
In a similar case, the Airport Security Force i.e. primarily civilian police function was also constituted and transformed into an extension of the air force as apparently it had to do with airplanes.
The effect of this militarization of the policing functions in the country ultimately has led to the deployment of militarized organization on regular police duties. For instance, a sizeable strength of 15000 Rangers have been deployed in Karachi. More are now being deployed in the rest of the country for extended periods.  The use of Rangers commanded by a general officer of the army as a parallel autonomous police force has given rise to serious distortion in the overall criminal justice system. Although in name under the provincial government, it is answerable to the army command. Despite being on ground since 1994, its lack of formal training and its army orientation has prevented its merger into the regular criminal justice system structures. This has resulted in a conflict situation with the police on ground and has compromised the growth and efficacy of the police as well as impeded effective law enforcement resulting in heavy cost to the society at large. Indeed, the common man continues to suffer for the folly of political decisions. 
In addition to its formal takeover of the entire organization, the governments (civilian as well the military) also inducted army officers at mid-command levels. Most of these officers had put in long years of service in the army and were already conditioned to a regimental culture of an army. Brief training could not alter their set attitudes and their orientation. Barring a few exceptions, most of them followed and applied the army standards in running a civilian police organization. Since they could not change themselves, they ended up militarizing the police under their command with far reaching impact on how the police functions today.
One can observe the footprint of army style specialized units in the police who are totally out of tune with the ground realities of policing wherein one is dealing with the citizens of one’s own country and one is expected to demonstrate flexibility. Rigidity in response and tendency to carry out the orders of the superiors without taking into consideration the ground realities have sometimes resulted in avoidable tragic incidents.
Flawed Criminal Laws:
 The Criminal Justice System in Pakistan revolves around three major laws, namely,  Pakistan Penal Code (PPC), Criminal Procedure Code (CrPc) and the Evidence Act. These laws were enacted in the 19th century by the British Government. The penal law defined the offences and prescribed punishments in addition to addressing other aspects of criminal acts. CrPc code laid down details of the procedures for investigation, arrests, search and placing the final report of crime before the court. It also laid down the procedures of the bails, remands and trial. The Evidence Act lays down the parameters for admissible evidence. These laws have provided the criminal justice system with sound points of reference, but the laws are essentially alien to the Indian sub-continent where the backbone of the criminal justice system was the village structure.  Some of the glaring deficiencies of the original laws that have made law enforcement a nightmare can be identified in the procedure and evidence laws. In the CrPc, the offences have been divided into cognizable and non-cognizable offences.
This bars the police from taking any action against the offenders, in non-cognizable offences and the burden of securing the punishment of the offender is shifted to the complainant who is required to file a complaint before the court and produce evidence. Common man does not understand this illogical classification of criminal acts and results in resentment against the police and the system and a general discontent among the people. In the evidence law, contrary to the internationally accepted practice, evidence of confession or statement before a police officer is not admissible during trial. This inherent flaw has generated the so maligned thana culture as the investigator is practically forced to tweak the application of law and resort to collection of false evidence. This lack of trust in the system by the common man is apparent by his behavior during the hearing of a case in the court of law or a jirga or panchayat. While giving false evidence in a court of law is the accepted norm, the same behavior before a jirga or panchayat is disgraceful, and the same witness in the two settings will tell a lie or speak the truth accordingly.
    The law has now been in practice for more than 150 years. Successive governments in Pakistan did not make any efforts to change the system significantly. As a matter of fact, this issue just does not find any specific reference in any manifesto of the leading political parties. Various governments as a matter of administrative convenience or part of some political reasons made amendments without any proper process. Mostly, these amendments were drafted by the lawyers and the bureaucrats sitting in the offices who had little experience of ground realities. Additionally, to meet any emergency or situation, parallel legislation was established. These amendments and parallel legislations instead of bringing any positive change further distorted an already flawed legal system. Scared of the political slogans of human rights and sometimes Islam, the distortions were adopted by the parliament. For example, rather thoughtlessly in section 173 of the Criminal Procedure Courts,[26] an amendment was inserted regarding the submission of a final investigation report in a cognizable case wherein the officer-in-charge of the police station is now required to submit an interim report to the court if the investigation is not completed within fourteen days. This has led to hasty investigation and half-baked interim report before the court that may later be found incorrect and revised thereby casting doubt on the case with benefit accruing to the accused. Similarly amendments in section 22 of the Criminal Procedure Code have opened the door for registration of parallel criminal cases for the same incident. In the Anti-Terrorism Act 'terrorism,' has been defined in such a loose manner that this law can be applied to any offence chosen by the police at the operational level. It is also being freely used against political opponents in most of the high profile cases that have attracted the attention of the media. We have the singular dubious distinction of applying this law to our members of law enforcement agencies, ministers, civil servants, Prime Minister and the President.
            This parallel legislation was the outcome of political consideration and was enacted just to appease a pressure group or settle an existing situation. This has created serious administrative, operational and management problems, giving rise to corruption and bad governance. The senior officers lose control over their lower functionaries, and the common man suffers because of this confusion.
        The plethora of laws have generated corruption and practically brought the criminal justice system to a grinding halt thereby contributing to the weakening of the state.
A diminished state on the precipice
          The emerging picture incorporates colossal challenges of security, a compromised court system and a fractured structure of police, prosecution, prison and probation/rehabilitation department, and add to this zones of lawless areas, we have a perfect recipe for disaster for any country. As a result the state is increasingly finding it difficult to deal with this unwieldy challenge. Knee jerk and confused responses are doing more harm than good.  
Despite the repeated attempts at ingresses by the political governments, they have not been able to pierce the strong amour of the institutional arrangement of the armed forces. Pakistan army has not only protected its own institution but has also taken the lead in challenging any threat to the country. This factor alone has averted any civil war in very difficult circumstances and chaos. They have worked as glue keeping the state together. The armed forces of this country have a major role in pulling the country back from the precipice in all crises. But it must be recognized that it is not a question of survival of the country; the people of Pakistan deserve a better deal. They need a peaceful, democratic and prosperous country. A country with hardworking and talented people and abundant natural resources should be in the front row of the comity of nations instead of being relegated to the ranks of retrogressive nations, forever a backward, poor and dangerous nuclear capable country.
           The question arises as to why a country that rose from the ashes after the tragedy of losing its Eastern wing has failed to learn the lesson from its history and why the political leaders tend to repeat the history of bad governance and wait to relive the same tragedy till someone rescues the country. Good governance is alien to them. The leading political parties have been converted into dynasties stunting the growth of a vibrant and progressive society.
          The progress and development of a country cannot be achieved with high sounding visions and lofty slogans; it fundamentally is tied to the mundane day to day hard work by a team of dedicated leaders who have the intellect wherewithal and the commitment to deliver. It means taking some basic small steps that must be sustained. As stated in the opening paragraph of this chapter, the security of a person is the most important factor to justify the very existence of a country. We are fortunate to have an army that has the strength and commitment to repel any external aggression. It is the internal security that is the weak spot and need the immediate attention of the government; otherwise the existing situation has the potential of imploding with little hope of rescue by the armed forces, which are already engaged in the most difficult battle with insurgents. Therefore, there is a need to take steps to address the basics, and the rest will follow.
        The government must take steps to improve the structures mentioned in the preceding discussion, and the laws that have been the bane of all genuine efforts to improve the system. The laws instead of protecting and serving the people for whom these were enacted have become a tool for suppressing and harassing them. The following recommendations, if considered in the spirit that these have been made, can make Pakistan a better country with improved security that will gradually have an impact on the development and a better life for the common man.
Way forward
  The Government realizes the need for capacity building of the criminal justice system and has rightly included this important requirement in its National Internal Security Policy (NISP) that states as under.
Para 69 (35) In the absence of well functioning system comprising of police , prosecution services, prisons and probation departments and the courts, it will be naive to expect that mere modernizing the police, LEA  and he Military intelligence agencies will neutralize the internal threats. People of Pakistan also need better security services and justice in their everyday life. It is critical that a holistic approach is adopted to improve the service delivery. Resources will be dedicated for the purpose and respective departments will be able to improve their performance and capabilities." Solution is not stating the obvious we still have to allocate funds for this purpose that seems to be in abundance when it comes to high profile fancy mega projects. In view of the existentialist threat we need to declare an emergency to deal with this aspect and provide the resources at all cost to improve the system.[27]
Administrative restructuring
All tribal areas and semi administered ‘B’ in Baluchistan areas must be merged with the settled areas and uniform basic criminal justice system should be introduced with required variations in different laws to meet the particular management and historical requirements of a specific area. These areas must be mainstreamed without any delay. Present four provinces comprising the federation have become too big to be effectively and efficiently administered as single administrative units due to their enormous size. It has caused deprivation of certain regions is divisive and giving rise to serious political challenges. If formation of a new province is politically an anathema, autonomous administrative units should be created.
There is also an urgent need to deal with the areas of Azad Jammu & Kashmir and Gilgit-Baltistan where the political status of these areas is in limbo now for more than six decades. The government of Pakistan exercises the de facto powers of governing in these areas. Decisions on their future are being taken by the state structure where they have no representation. Despite the issue of the Kashmir dispute the least that can be done is to make them part of Pakistan provisionally with representation in the Parliament. The existing ambiguous status provides ideal ground for hostile elements to exploit the situation and need to be addressed now. Tomorrow may be too late.
Stabilizing the various segments of the law enforcement structures
 The police and the prison department are key to maintenance of internal security in a state. It is they who have to take the brunt and carry out the lawful orders of the government, provide security and execute the judgments of the court. Remove this thin blue line between order and chaos, and you have the collapse of the state. Stability can only stem from a stable institution. The political governments are tempted to use the police and the prisons to settle their political scores and tend to control and interfere in their functioning thus compromising their capability to work as professional and impartial departments.  All previous efforts and legislation to insulate the police from political interference has been frustrated by the party that comes to power, and the opposition has never bothered to take up this issue. The Prison department was never considered for any reform because the police held the real raw power exercised in a vast sphere. In fact, it was considered to be a tool to intimidate, harass and force rival political factions into submission. As mentioned earlier, the only stable institutions in the country are the armed forces. Police top management should, therefore, be appointed through an institutional arrangement of consultation with this stable organ of the state. One of the three senior most Inspector Generals of Police should be posted for a fixed tenure of three years as Secretary Ministry of Interior. He should be the sole authority for management of the Police Service of Pakistan directly responsible to the Prime Minister. Acting upon recommendation of the secretary Interior, the Prime Minster should appoint the heads of all police forces, FIA, ANF, Frontier Constabulary and Intelligence Bureau should be drawn from amongst the panel members of three officers of Police Service of Pakistan of the rank of IGP for a fixed tenure of three years. Premature removal of any of these officers should only be possible after the officer concerned has been heard by the committee of three secretaries including the secretary Interior and headed by the Prime Minister.
In the provinces, police should function under the provincial government, but the internal administration of the police and law enforcement functions should be the exclusive domain of the head of the police/department with coordination by the Secretary Interior in matters involving more than one province. The heads of all other departments should be answerable to the Secretary Interior except the head of the IB who should report to the Prime Minister directly. A legal framework should ensure that all the police departments are exclusively manned by the members of Police Service of Pakistan with prescribed training and field experience. This alone can insulate the police from political influence and interference and bring stability to the criminal justice structure.
Similarly, the prison and probation department could be steadied by their linkage with the Ministry of Interior. These departments need to be up-graded and requisite resources provided to them. For the prisons the collapsing infrastructure and high security jails are vital to keep the terrorists and dangerous criminals confined. Frequent jail breaks are not acceptable pose a direct challenge to the writ of the state.
The infrastructure of court complexes must be up-graded and located at convenient places where the litigants can approach them. A specialized administrative cadre should provide the necessary administrative support to the courts. Adequate financial resources must be allocated in the annual budget to the judiciary including the special funds for protection of judges and witnesses concerning cases of terrorism. Number of judges should be increased based on the workload to ensure timely disposal of the cases.
These are drastic out-of-the-box solutions but then there are no other viable options on the table.
       If these issues are not addressed timely, the battles won by the armed forces against external and internal enemies may be lost ultimately by the political governments due to weak, under resourced and compromised criminal justice structure. Swat is a classic example of the ineptitude of the civil structure wherein the army after subduing the militants has been left holding the baby. Two different political governments have yet to organize the resources to relieve the army from policing duties. This also depletes the capacity of the army and exposes the army to criticism and is likely to drag it in the political arena there by weakening it as an organized, cohesive and effective institution.
   Unless all segments of the criminal justice system are stabilized and insulated, the battle against terrorism and organized crime can never be won and the country will continue to suffer with slow economic growth, resultant poverty and dysfunctional state, at the precipice of disaster with the label of a failing state.
 Homeland security:
Extraordinary challenges need extraordinary steps. USA when faced with the threat from Al Qaida and militancy decided to set up specialized Department of Homeland Security (DHS) to deal with the specific challenge, which was then fully resourced and empowered to counter this threat. It was conceived, organized and put in place in a short span of time. Its mission was clear and focused and stated, “Our duties are wide-ranging, but our goal is clear: a safer, more secure America, which is resilient against terrorism and other potential threats.”[28] Keeping in view specific security requirements of USA the department “(DHS) was created through the integration of all or part of 22 different Federal departments and agencies into a unified, integrated Department, and how DHS has become a more effective and integrated Department, creating a strengthened homeland security enterprise and a more secure America that is better equipped to confront the range of threats we face.”[29] Similar actions were taken by Egypt, Saudi Arabia, Indonesia and many other countries to deal with the terrorism and militancy.
 Pakistan is in the eye of the storm, but it has yet to make even the National Counter Terrorism Authority (NACTA) functional.[30] This was meant to be the clearing house of intelligence from various intelligence agencies that are presently working in isolation from one another, frequently leading to the loss of vital actionable information. Valuable time was lost in squabbling over exercising jurisdiction over NACTA. The Minister of Interior wanted to control the organization against the professional advice of placing it under the Prime Minster.  We must learn from the experience of the other countries. The National Internal Security Policy paper mentions such wish but there is no action on ground. This policy paper needs to be reviewed with the inputs by the departments that are dealing with terrorism in an ongoing battle in the field. Like the DHS the departments that have huge data base should be placed under NACTA that must work under direct control of the PM office. It should coordinate the operations in the field, de-radicalization of infected individuals, denial of finances to the terrorist organizations, threat assessment, project future trends and conveying the real time actionable intelligence reports to the field officers.
The authority must be headed by a professional police or intelligence officer who has had the field experience of dealing with the terrorist cases, is educated and qualified to be able to advise the government on all matters that has a bearing on the terrorism threats. Allocation of resources to deal with the terrorism should be made only on his advice so that there are no duplications.
 Revisiting the laws to remove the flaws  
 There is a dire need to set up a committee of experts including all players of the criminal justice system who implement the laws on ground, hear their concerns, identify conflicting provisions of laws, simplify the procedures and immediately take in hand the rationalizing of all these laws. All laws should be re-enacted with the amendments that need to be retained and included in the text. Special laws be revisited and their anomalies removed. All old and redundant laws should be repealed. Unless we bring clarity in the laws, the people will continue to suffer at the hands of unscrupulous legal practitioners
Special laws for anti-terrorism should be examined in more to detail to ensure that these are applied only for acts of terrorism alone and there should be no possibility for misusing for political or any other purpose. The misuse of law by the governments and even the courts[31] has defeated the very purpose of these enactments. For a specified time frame special courts with wide powers are set up that must only take up the cases of terrorist acts for speedy trials.
Reviving traditional system for alternate adjudication under prescribed heads
        In order to reduce the burden on the criminal justice system structure, the revival of the old local justice system of Panchayat and jirgas that are embedded in the social fabrics of the people need to be reassessed and introduced to deal with day-to-day minor issues. This experiment has been quite helpful in dispute resolutions of minor nature, which if unattended tend to end in more serious crimes. Panchayat and jirgas with the involvement of the local police and district administration can help in reconciliation and resolution of disputes. This experiment has already produced good results in KPK and for dispute resolutions in ICT.
Improvement in governance
Implementation of all the recommendations that are given above will be futile unless the governance is improved and that is possible if you have a workable system. Parliamentary form of government in the British tradition has failed to deliver. It has generated favoritism; weak governments open to black mails by the small political parties and independent members. It has created a group of politicians with vested interest who want to perpetuate this flawed and corrupt system. It makes the party heads all powerful who have promoted their own family interests and are tempted to create political dynasties keeping the others outside the inner circle that control the resources of the state and misuse it at will. Even much trumpeted eighteenth amendment has only made the matters worse and the common man suffers. It is only the armed forces and the media that has checked this trend of using the state as personal estate. Without these checks the country will collapse and fall apart. It is therefore vital that the power should be re-engineered to transform and ensure a strong and stable government and governance structure and obviate all possibilities of creating dynastic politics. Unless the fundamental issue of governance is addressed, Pakistan will be condemned to relive its past till last vestige of a functional state and is likely to wither away. The country does not have the luxury of time and action must be initiated now as tomorrow may be too late.    


[1] Ref:  Report by Umar Cheema on statement of General Vijay Singh on sponsoring militancy in Balochistan. The News   Daily on National Page October 21, 2013
[2] Author’s interview with Mr. Abdullah, former Chief Secretary, Khyber Pakhtoonkhwa province, 16th August 2014 at Pehsawar.
[3]  1973 constitution ‘B’ area is part of Balochistan

[4] Interview with Mr. Abdullah former Chief secretary of KPK on 16th August, 2014 at Peshawar
[5] Reference required Interview with Mr. Abdullah Chief Secretary KPK on 16th August 2014 at Peshawar
[6] Reference  Shariah Nizam‑e‑Adl Regulation, 2009.
[7] Any reference  official webpage of Balochistan Police (Projects) (www.balochistanpolice.gov.pk)
[8] Referene…is it personal interview?  Interviewed Justice® Manzoor Gilani, at Islamabad on 25th August, 2014
[9] Interview former IGP and Additional Chief Secretary Mr. Waseem Ahmed on 3rd September, 2014 at Islamabad
[10] Reference required…Municipal laws in big cities, FCR in FATA and Nezam-e-Adal 2009 in Malakand
[11] The News 24-09-2014 by Amir Mir. Top Story (Front Page)
[12]  National Reconstruction  Bureau report on Police Reforms – Chapter I, Introduction.
[13]  Same as 12.
[14]  Police Order 2002 promulgated vide Chief Executive Order No. 22 of 2202 - Reference F2(4)2002.Pub Islamabad dated  14th August, 2007.
[15] (Local government laws and introduction of executive magistracy and restoration of office of Deputy Commissioner).
[16] NISP document pg 57
[17]  Sind Police official Webpage (Sanctioned Strength)
[18] Interview with Mr. Iftikhar Rashid on 8th September at Islamabad
[19] NISP Page 63
[20] Reference detials required. (A Hard Country author Anatol Lieven).  Chapter Justice Page 107

[21] Judicial Statistics of Pakistan 2013 ( Annual report of Justice and Judicial Commission page 60 & 61.)
[22] Reference required…TORs briefly  Access to Justice Program  Justice & Law  Commission  (www.ajdf.ljcp.gov.pk)
[23]   - Pakistan Rangers (Punjab official Website (History) http://pakistanrangerspunjab.com/

[24]    4-3 /93 Min. Cabinet Division 3rd August, 1995
[25]    -4-3 /93 Min. Cabinet Division 3rd August, 1995
[26]  Code of (Amendment ) Act XXV of 1992  Proviso to Section 6.  Anti Terrorist Act, 1996 Section 19 (Amended by Ordinance Second amendment Act XX of 2013 dated 26th March, 2013)
[27] NISP – Page 35
[28]  Department of Homeland Security official Webpage  Mission statement http://www.dhs.gov/about-dhs
[29] Please provide detail reference in proper format - Department of Homeland Security official Webpage (History) http://www.dhs.gov/about-dhs

[30] Reference required please – No reference required it is a known fact.
[31] High profile cases of normal crimes order to be tried under the anti-terrorism laws.   Recent cases of Model Town – Pakistan Awami Tehreek  case and cases against former President General ® Parvaz Musharraf and Imran Khan