Tuesday, April 1, 2008

Final Report on Police Reforms by NRB

Final Report National Reconstruction Bureau on Police Reforms
INTRODUCTION

No system is perfect but some are more imperfect than others. A system that does not reflect the views, wishes, vision and aspirations of the citizens and fails to deliver according to their needs and demands and is perceived to be without proper checks and balances needs to be reviewed and changed without delay.

2. 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 - organisation and externally in its relationship to the public”.

3. 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.

4. 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 The outmoded and outdated system of policing conceived by the colonial masters for a different objective more than 139 years ago, has continued unchanged due to the unbroken nexus of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 organisation “presents a bewildering picture that is too static and devoid of the dynamism of change.”

5. At the district level, the police have been working under a system of control totally irrelevant to the modern concepts. The public owing to its highhanded dispensation and failure to control law and order does not hold it in esteem. Police-public relations, at present, hardly inspire confidence. At the root of the public apathy towards the police lies their resentment which emanates from police refusal to register cognisable cases, faulty investigations, corruption and lack of timely response to developing law and order situations.

6. The need for change and reform is also heightened by the disturbing increase in serious crime, terrorism, proliferation of weapons, and the growing inability of the police to deal effectively with the present day challenges. To check erosion of public confidence, there is a need to establish the rule of law through the agency of “community based and socially responsive” police organisation.

7. Those who wielded political power after independence showed restraint owing to the “fervour of the independence struggle”, but, as years rolled by, the enlightened leadership over time gave way to politicians with vested interest. The rule of law was thus gradually replaced by “the rule of politics” pervading the entire fabric of police at all levels.

8. It is apparent that existing police set up stands in need of urgent qualitative change for making the organisation not only professionally sustainable but also publicly acceptable by redefining its role and by reshaping its responsibilities.

9. In his address to the Nation on October 17, 1999 Chief Executive of Pakistan in his seven point Reform Agenda had also stressed the need for ensuring of law and order and de-politicisation of state institutions.

10. The National Reconstruction Bureau was given the task to recommend institutional reforms essential for establishing genuine democracy serving the best interests of every citizen and not some of them, keeping in view the Prime Minister’s Reform Agenda.

11. The think tank on Law Enforcement and Criminal Justice comprising Dr. Z.U. Khan, Mr. Zulfiqar Ali Qureshi, Mr. Afzal Ali Shigri and Dr. Muhammad Shoaib Suddle was set up on 15th March 2000 to review the structure, management, resourcing and policies of police and criminal justice agencies with a view to proposing overall improvements. The think tank held more than ninety meetings. After discussing the background of law enforcement and its development in the sub-continent, the think tank looked at the relevance of useful comparative work carried out in countries like UK, USA, Japan, India and Bangladesh. The findings of no less than twenty-five Committees and Commissions were studied and informal discussions held with knowledgeable persons from various backgrounds and schools of thought. Formal meetings with government officials and police officers ranging from ASP to IG were also held.

12. The think tank would like to place on record its gratitude for the invaluable guidance and advice given by Lt. Gen. (Retd.) Syed Tanvir Hussain Naqvi, Chairman NRB with whom a number of meetings were held. The think tank also acknowledges with thanks the valuable contribution of the local government think tank.

13. This report has covered a lot of ground, and some of the proposals relate to things that are already happening or beginning to happen. Taken together, these recommendations represent a major but measured programme of change. The gist of these recommendations is contained in the Executive Summary.



HISTORICAL PERSPECTIVE

At independence, the police system, that Pakistan inherited was not “the least of the gifts” the British administration in India could offer to a newly independent and sovereign state. Created by the East India Company after the grant of Dewani of Bengal, Bihar & Orissa, that transformed a trading organisation into a revenue collecting agency, the system placed overwhelming primacy on the office of the district collector. In due course, the collector was armed with magisterial and police powers as well. The combination of these three functions subjected the “unwilling natives” to the perpetration of untold atrocities. Their cries against this oppressive practice of realising revenue by torture attracted the notice of even the British House of Commons where the matter was debated in 1854.

2. To enquire into these allegations of torture, the “Torture Commission” was constituted in 1855 in Madras. Condemning concentration of all administrative functions in one hand, the Commission recommended a distinct organisation of police completely independent of the revenue administration. Based on this principle, the city police was reorganised in 1856 in the Presidency town of Calcutta and later in the cities of Bombay and Madras. This was followed by the enactment of Madras District Police Act, 1859, which was framed on the principle of the separation of judiciary from the executive.

3. For the rest of India, the Police Commission of 1860 proposed a draft on the model of the Madras District Police Act of 1859. However, the events of the War of Independence of 1857 had transformed the entire policing perspective of the British government. So the Police Act of 1861 was enacted in highly unpropitious circumstances in disregard of Madras model, placing the district police under the general direction and control of the district magistrate in addition to its own hierarchical control. This anomalous arrangement creating “junction of the thief-catcher with the judge” was highly criticised in the Legislative Council at the time of the passage of the Police Act of 1861, obliging Sir Bartle Frere, the then Home Member, to concede that this “illogical” arrangement was a temporary phenomenon destined to change in not too distant a future.

4. The control of the district magistrate over the district police was perpetuated, in due course exalting the former to the level of a “local governor empowered to use the police and courts at will for the maintenance of the British rule”. Sir James Stephen, law member of the Governor-General’s Council (1870-71), propounded the philosophy of the district administration in the following words:
The administration of justice is not in a satisfactory state in any part of the Empire but the first principle to be borne in mind is that the maintenance of the position of District Officers is absolutely essential to the maintenance of British rule in India and that any diminution in their influence and authority over the natives shall be dearly purchased even by an improvement in the administration of justice.

5. The Police Commission of 1902, after expressing pious sentiments did not propose any material change in the system. It nevertheless observed: “there is no necessity of the dual control and undue interference of the district magistrate”. The Maharaja of Darbhanga, a native member of the Commission, appended a forceful note of dissent strongly advocating, inter alia, the severance of the connection between the district police and the district magistrate.

6. After independence, a number of Commissions and Committees appointed by various governments for restructuring the police, made far reaching recommendations but the lack of will on the part of successive governments have frustrated all efforts at reforms in the police set up.

7. In the existing police set up the law and order being a provincial subject, the superintendence of the police throughout a general police district lies with the provincial government. The administration of the police force throughout a province is vested in the Inspector-General of Police who is assisted by such number of Additional Inspectors-General, Deputy Inspectors-General and Assistant Inspectors-General of Police as the provincial government may determine from time to time. Functional divisions under the Inspector-General of Police are headquarters, establishment, special branch, crime branch, telecommunications and transport, welfare, traffic etc, each headed generally by a Deputy Inspector-General of Police.

8. Each province is divided into districts. The number of districts varies from province to province depending on the size, population and other special features. The head of the police in the district is the district superintendent of police. For the convenience of the police administration, three to four districts are grouped into a police Range, corresponding generally to the limits of an administrative division, and placed under the control of a Deputy Inspector General of Police. A district is divided into three to four sub-divisions each placed under the charge of a sub-divisional police officer (SDPO) who is either an Assistant Superintendent of Police or a Deputy Superintendent of Police. An SDPO supervises police stations located within the jurisdiction of a sub-division and is directly responsible to the district superintendent of police.

9. A police station is a fundamental and pivotal unit of police working, responsible, inter alia, for the prevention and detection of crime. Normally an officer of the rank of a police Inspector is in charge of a police station designated by Police Rules as Station House Officer (SHO). The SHO has under him sub-inspectors, assistant sub-inspectors, head constables and constables sanctioned on the basis of the incidence of crime, watch and ward, traffic and other miscellaneous duties.

10. For watch and ward responsibilities, the urban and rural police stations have been differently organised. Whereas the former has a component for watch and ward duties divided into beats, the latter do not have separate watch and ward staff. Until recently, each village in a rural police station had one or more village watchmen who assisted the police in performance of law and order duties. However, with the passage of time the village police has lost its utility and become practically defunct.

11. Whereas the investigation of criminal cases are handled by the district police, the trial of cases is the responsibility of sessions courts and courts of judicial and executive magistrates according to their specified powers. The head of district judiciary is the District and Sessions Judge. However, the executive magistrates, trying cases punishable up to three years imprisonment function under the control of the district magistrate.

12. The prosecution of cases in Sessions Courts is handled by the public prosecutors and in lower courts by the prosecution branch of the district police. However in some districts, government attorneys are appointed for the purpose.

13. The Federal government exercises no direct control over the provincial police forces. However, it can take over the administration of a province in situations of grave emergency threatened by internal disturbances, beyond the power of a provincial government to control.

DISTRICT POLICE & THE DISTRICT
PUBLIC SAFETY COMMISSION

Under the constitution, law and order is a provincial subject. The province is responsible for raising, organising, equipping, training, maintaining and providing police force to each district in accordance with its needs based on population, area and crime.

2. The think tank on Law Enforcement and Criminal Justice supports the suggestion contained in the NRB’s local government plan that the police for the district should be locally recruited, as far as practicable.

DISTRICT POLICE OFFICER
3. The district police shall be operationally under the direction and control of the District Police Officer (DPO), who shall be responsible for the management, command, postings and transfers, operational deployment, maintenance of discipline and efficient performance of all duties in respect of the police force placed at his disposal. In enforcing the law, the DPO shall be the servant of law and shall not obey any unlawful order from any authority. He shall be responsible for the maintenance of general law and order to the Zila Nazim, whereas matters pertaining to the administration of the force and investigation of crime shall lie exclusively with the police hierarchy. Except the DPO, no other officer of the police in the district shall be responsible to any other authority for general maintenance of law and order. The District Police Officer shall be responsible to the Provincial Police Chief who shall be the reporting officer of the District Police Officer on technical and professional matters. Inter-district co-ordination shall be the responsibility of the Provincial Police Chief.

4. If the DPO considers an order of the Zila Nazim unlawful or motivated, he may seek recourse to the District Public Safety Commission whose decision will be final and binding on the District Police Officer and Zila Nazim.

5. The Provincial Police Chief, who will have all the administrative and financial powers of the head of a department, will select and appoint the District Police Officer. The Zila Nazim will initiate the annual report in relation to the performance concerning law and order function of the DPO and the Provincial Police Chief shall be his technical reporting officer.

RELATIONSHIP OF THE ZILA NAZIM WITH THE DISTRICT POLICE
6. The District Police Officer may be prematurely transferred from the district in public interest and on specific grounds with the concurrence both of the Zila Nazim and the District Public Safety Commission after affording him an opportunity of being heard in person. In case of a difference of opinion between the Zila Nazim and the District Public Safety Commission, on this issue, the decision of the latter shall prevail. When the District Police Officer is prematurely transferred, his charge shall be handed over to his deputy, who shall perform all functions of the District Police Officer until a new District Police Officer has been appointed.

7. Where the Zila Nazim, after due satisfaction, is of the view that a subordinate police official is involved in or has abetted a serious/heinous crime, he may ask the District Police Officer for transfer of the said official. The District Police Officer shall within 24 hours send him on leave and order an enquiry into the matter in accordance with the prescribed rules and procedures. If after the enquiry, the complaint is not substantiated, the said official shall rejoin his original place of posting.

8. In case the District Police Officer does not comply with the Zila Nazim’s direction, the latter may send him on leave and require his deputy to implement his instructions. Simultaneously, the Zila Nazim may seek concurrence of the District Public Safety Commission for premature transfer of DPO.

9. The Zila Nazim may co-ordinate the functioning of the police with relevant departments in respect of the following:
a) In matters relating to handling of natural calamities like earthquakes, floods etc.
b) In matters relating to situations arising out of external aggression.
c) In any other matter not within the purview of a single department and affecting the general law and order of the district.

DISTRICT PUBLIC SAFETY COMMISSION
10. There shall be a District Public Safety Commission in each district, consisting of 8, 10 or 12 members, depending on the size of each district. One-half of the members of the DPSC will be selected by the Zila Council from amongst its councillors and as far as practicable in proportion to the representation of any political groups in the Council, and the other half comprising independent members will be appointed by the Chief Minister from a larger panel selected by the District Selection Panel. One-third each of the elected and independent members will be women as far as possible.

DISTRICT SELECTION PANEL
Composition
11. The District Selection Panel for independent members of the District Public Safety Commission shall consist of:
(i) District & Sessions Judge
(ii) A non-elected nominee of the Zila Nazim
(iii) A non-elected member nominated by the Chief Minister
Functions
12. The functions of the District Selection Panel shall be:
(i) Invite applications/nominations for selection of independent members.
(ii) Short-list eligible and willing candidates for appointment as independent members.
(iii) Interview and select for nomination persons two times greater than the number of appointments to be made.
(iv) Notify particulars of each nominee to the Chief Minister, and also provide such other information, as it may consider appropriate.
(v) The Chief Minister shall select half the members for the Distinct Public Safety Commission out of the list of independent persons provided by the Selection Panel within thirty days of the receipt of nominations.
Selection process
13. The selection process for the independent members shall be as follows:
(i) The Selection Panel shall not nominate a person who is otherwise disqualified for being appointed as a member.
(ii) The Selection Panel shall have regard to the desirability of ensuring that, so far as reasonably practicable, the persons nominated represent the interests of wide range of people within the community in the district, and possess skills, knowledge and experience in such fields as may be specified for the purpose.
(iii) The Selection Panel shall make decisions with regard to nomination of independent member by consensus.
(iv) The selection process shall be completed within thirty days of the receipt of applications/ nominations.
(v) The Provincial Government may make regulations as to the procedure to be followed in relation to the selection of independent members.
Selection criteria
14. (i) Persons nominated as independent members to be of impeccable integrity and imbued with the spirit of public service.
(ii) They are not in politics and have never been members of any political party.
(iii) They have skills and knowledge in such fields as administration/ law/ social work/ corporate sector etc.
(iv) They have not been declared as bankrupts, loan defaulters or tax evaders, nor are they convicted of a criminal offence.
(v) Government/semi government employees, after they have retired from service, may be eligible for nomination, provided they otherwise qualify.

FUNCTIONS OF THE DISTRICT PUBLIC SAFETY COMMISSION
15. The District Public Safety Commission shall:
(i) determine in consultation with the District Police Officer objectives for the policing of the district for each financial year
(ii) approve a local policing plan prepared by the District Police Officer in consultation with the Zila Nazim setting out the arrangements for the policing of the district during the year;
provided that the objectives framed by the District Public Safety Commission shall be consistent with the objectives the Provincial Public Safety Commission may determine in this regard; and provided further that the local policing plan prepared in consultation with the District Police Officer shall include:
(a) a statement of the financial resources expected to be made available by the provincial/ local governments; and
(b) performance targets for the year and their delivery mechanism.
(iii) The District Public Safety Commission shall evaluate the delivery of performance targets on quarterly basis and send half-yearly report to all relevant authorities.
(iv) The District Public Safety Commission shall publish:
(a) the local policing plan by end June for the next financial year.
(b) an annual report of the policing of the district by the 30th September each year, including targets achieved during the year.
(v) The District Public Safety Commission shall send copies of the local policing plan and annual reports both to the Provincial Public Safety Commission and the Provincial Police Chief.
(vi) Subject to regulations, the District Public Safety Commission shall establish and keep a fund to be known as the Police Fund. All receipts of the District Public Safety Commission shall be paid into the Police fund and all its expenditure paid out of that fund. Accounts of the Police Fund shall be kept and audited annually within three months of the closing of the financial year.
(vii) The District Public Safety Commission shall, before end August each year, receive from the District Police Officer a general report on the policing of the district during the previous year.
(viii) The District Public Safety Commission shall seek to enhance police-public co-operation by supporting and promoting establishment of citizen-police liaison committees and by other appropriate measures.
(ix) The District Public Safety Commission may recommend financial incentives for good work done by any district police official.
(x) The District Public Safety Commission shall perform all functions of co-ordination and evaluation vis-a-vis the prosecution service in the same manner as for the district police.

GENERAL PROVISIONS
16. (i) The Chairman of the District Public Safety Commission shall be elected by the members, on a rotation basis every quarter. As far as practicable, members representing under-privileged sections of society, women and minorities shall be included in the District Public Safety Commission.
(ii) Quorum for the District Public Safety Commissions shall be as follows:
(a) in case of a Commission consisting of twelve members, the quorum for the meeting will be eight.
(b) for a Commission of ten members, the quorum will be seven.
(c) for a Commission of eight members, the quorum will be five.
Provided that the quorum shall include Chairman and/ or Vice Chairman.
(iii) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be a minimum of one meeting every month.
(iv) The District Government shall separately provide the secretariat and funds for the Commission.
(v) Decisions at the Commission’s meetings shall be by a simple majority unless otherwise specified.
(vi) The Commission may hold public consultation as and when required.
(vii) The Commission may be dissolved by a simple majority of the total membership of the District Council if on the basis of the evaluation conducted by the Provincial Public Safety Commission, its performance is found unsatisfactory.

TERMS OF MEMBERS OF THE DISTRICT PUBLIC SAFETY COMMISSION

17. (i) Members may be full time or part time.
(ii) Term of office of independent members shall be four years; provided that half of them in case of the first Commission shall be replaced after two years through draw.
(iii) In case of the dissolution of the District Council, the elected members shall continue to hold office until their successors are appointed.
(iv) No member shall be eligible for the second term.
(v) Members may be paid honoraria, TA & DA etc., for attending meetings, as per regulations.
(vi) A member may be removed from office by the Commission if he/ she:
(a) is found to be suffering from any physical/ mental incapacity.
(b) is convicted of a criminal offence.
(c) is declared a bankrupt, loan defaulter or a tax evader.
(d) brings the Commission into disrepute.
(e) fails to attend three consecutive meetings without any reasonable cause.
(viii) The District Police Officer shall be ex-officio non-voting member of the District Public Safety Commission. In case he is unable to attend, his deputy shall represent him.
(ix) The Commission may invite any official/expert for consultation on specific issues.

CITY POLICE

URBAN POLICE IN PRE-MOGHAL PERIOD
1. The key police official in the Sultanate period was a Kotwal, essentially an urban police officer, who was in charge of law and order. Besides maintaining a register of all inhabitants of his area, the normal duties of Kotwal and the force under him included patrolling the thoroughfares at night, guarding vantage points, and maintenance of record of arrivals and departures of strangers.

URBAN POLICING DURING THE MOGHAL PERIOD
2. During the Moghal period, urban police continued to function under the control of a Kotwal, who was the chief of city police. His major functions included arrangement of watch and ward of streets, posting the force at places of public gatherings, keeping a watch on pickpockets and mischievous elements, controlling distillation and sale of liquor and looking after prisons and prisoners.

3. The policing arrangements for the urban areas during the pre-British era, have been described in the Report of the Indian Police Commission (1902-03) as follow:
In large towns, the administration of the police was entrusted to an officer, called, the “Kotwal”, who was usually paid a large salary, from which he was required to defray the expenses of a considerable establishment of police. In Poona, for example, the Kotwal received Rs. 9000/- a month, but he had to maintain a very large establishment of peons, some horse patrols, and considerable number of Ramosis, while he was responsible for the value of property stolen. His appointment, however, was considered a lucrative one, as the pay of his establishment was very low, and both he, and his subordinates, supplemented their salaries by unauthorised exaction from the inhabitants.


URBAN POLICING IN THE BRITISH ERA
4. After almost a century of experimentation for making the police more effective and efficient, the Legislative Council of India considered and passed a Bill in 1856:

For regulating the police of the Towns of Calcutta, Madras, and Bombay, and the several stations of the settlement of the Prince of Wales Island, Singapore and Malacca.

5. The Bill received the assent of the Governor General of India on the 13th June 1856, and was placed on the Statute Book as Act XIII of 1856, to take effect from 1st of November 1856. Subsequently, the policing system envisaged therein was also introduced in the city of Hyderabad (Deccan) in 1939.

6. Thus, at the time of independence, in 1947, in the Indo-Pakistan sub-continent, the metropolitan policing system was operative in four towns, namely, Calcutta, Bombay, Madras and Hyderabad (Deccan). Elsewhere, except the Madras state, the Police was regulated by the Indian Police Act, 1861 (Act V of 1861) under which the administration of the police in the province was entrusted to an Inspector General of Police. At the district level, however, the administration of the police was subjected to the dual control - the hierarchical control of the Inspector General of police through the Deputy Inspector General of police and the lateral general control and direction of the District Magistrate.

7. Under the Madras Police Act of 1859, however, the direction and control of the police at all level rested exclusively with the police hierarchy and the senior police officers were given powers of the executive magistrate to enable them to handle law and order matters more efficiently and effectively.

8. Thus, in pre-1947 India, there were three kinds of policing arrangements i.e. Metropolitan, Madras system and the dual system prevalent elsewhere.



METROPOLITAN POLICE - AN OVERVIEW OF THE SYSTEM
9. The metropolitan police system was first adopted in London in 1829 and was soon emulated in major cities of U.S.A. In the sub-continent as already stated the system was initially introduced in 1856 in the three cities of Calcutta, Bombay and Madras. Eighty years later this system was extended to the city of Hyderabad in 1939. After independence this system was gradually extended in India to several cities including Banglore, Ahmedabad, Nagpur, Poone and Delhi. The Indian Police Commission (1977-1981) recommended that the Metropolitan system should be established in every city with a population of 500,000.

10. In Bangladesh the metropolitan system was first introduced in Dhaka in 1976 and later extended to Chittagong, (1978) Khulna (1985) and Rajshahi (1991).

11. In Pakistan, the metropolitan system of police has not been introduced as yet although its introduction was considered a number of times in the past. Mr. A.H. Pryde, the then Inspector General of Police, announced soon after independence that the metropolitan system of police would be introduced in Karachi, which would be on the lines of the Bombay City police. Mr. M.A. Khoro, the then Minister in charge, appended the following statement of objects and reasons with Bill No. XXV of 1948:
The importance of Karachi City has very much increased recently. It is not only the capital of Pakistan, but it is also an international airport and the only seaport of Western Pakistan. There is a very big programme of industrial development round about the city. The requirements of the Sind University and other educational institutions, and that of numerous co-operative housing societies, will lead to a very big expansion of the city. The existing police organisation cannot cope with the law and order problems, which will arise in the near future. It is, therefore, proposed to re-organise the City Police arrangements and to have a Commissioner of Police and Deputy Commissioners. The Bill placed before the Legislature follows the lines of the City of Bombay Police Act and provides the necessary powers to the City Police to deal with law and order problems, which will arise in the near future.


12. This Bill was passed by the Sind Assembly on 27th January 1948 and was published in Sind Government gazette on January 30th 1948. Surprisingly at this stage the then Deputy Secretary to Governor General pointed out certain “typographical errors” requiring rectification although such errors, if any, could only be removed through an amendment in the Bill. Thereafter, this bill remained dormant and was consequently consigned to the oblivion.

13. In addition, the following commissions/ committees have also recommended the introduction of Metropolitan Policing System in big cities:-
(1) Cornelius Report (1959-62)
(2) Romanian Police Experts Report 1976
(3) Police Committee Report 1985
(4) Mr. Aftab Ahmed Khan’s Committee Report 1987
(5) Police Reforms Implementation Committee Report 1989
(6) Sir Richard Barrat Report 1990
(7) Federal Law and Order Commission Report 1995
(8) U.N. Mission to Pakistan - Organised Crime Report 1995
(9) The Japanese Police Delegation Report 1996
(10) Police Reform Report 1997
(11) Good Governance Report 1998

MAIN CHARACTERISTICS OF THE METROPOLITAN SYSTEM
14. The main characteristics of the metropolitan system as compared to the district police system of 1861 are categorised below:
(1) In the metropolitan system, the direction and control of the police exclusively rests with the chief of police, who is given the necessary regulatory and licensing powers under various Acts, as well as powers of restraint under the Code of Criminal Procedure.
(2) In cities, the law and order situations move with such rapidity that only an experienced officer who is in a position to know all aspects and who is in exclusive control of the force can take timely decisions.
(3) The system combines the responsibility with authority.
(4) The system provides effective accountability through credible internal departmental mechanisms and before independent judicial forums.
(5) The system ensures better policing and improved relations between the police and the public and is more responsive to the needs of the community.
(6) It facilitates and promotes specialisation and professionalism.
(7) The system ensures efficient delivery of policing services, as there are no delays caused by the dual control.

RECOMMENDATIONS
15. (1) We recommend that the metropolitan system of policing (City Policing) may be introduced in Islamabad and in all city districts like Karachi, Lahore, Rawalpindi, Peshawar, Quetta, Multan, Bahawalpur, Faisalabad, Hyderabad, Sukhur and Gujranwala. This reform will introduce in Pakistan the standard system of city policing in vogue elsewhere and will improve the discipline of the force, its accountability, besides inspiring greater public confidence in police capabilities.
(2) The city police system to be introduced in the capital cities would be somewhat different from the one proposed for the remaining city districts. In capital cities, the City Police Officer would function independently of the Provincial Police Chief and like the IGP, he would be directly responsible to the Chief Minister. In the non-capital city districts, the City Police Officer would function under the general guidance and control of the Provincial Police Chief but with operational and administrative autonomy in matters pertaining to the police force placed under him. The city police would require independent resources in matters like armed reserves, traffic management, equipment and transport.
(3) In case of capital cities, the City Public Safety Commission shall consist of twelve members. Of these, three members will be elected by the City (Zila) Council from amongst its members, and as far as practicable in proportion to the representation of any political groups in the Council; another three from the Provincial Assembly by vote, and as far as practicable in proportion to the strength of political parties in the Assembly; and the remaining six independent members shall be appointed by the Independent Selection Panel comprising the Chief Justice of the High Court, a non-elected nominee of the Zila (City) Nazim, and a non-elected nominee of the Chief Minster. The other provisions of District Public Safety Commission shall apply, mutatis mutandis, to the City Public Safety Commission. The City Police Officer in capital cities (except Islamabad) shall be appointed by the Chief Minister from a panel prepared by the Provincial Police Chief. The City Nazim or the Chief Minister may move for the premature transfer of the City Police Officer on specific grounds and after affording him an opportunity of being heard. However, such premature transfer shall be subject to the prior approval of the Provincial Public Safety Commission.

(4) In the non-capital city districts, the City Public Safety Commission will be composed on the same basis as the District Public Safety Commission. As far as possible one-third each of the elected and independent members will be women. The other provisions of District Public Safety Commission including relationship of DPO with City (Zila) Nazim will apply mutatis mutandis to the non-capital city districts.
(5) Both the city police systems, in capitals as well as non-capital cities, will be organised on the basis of the functional specialisation and the capacity to provide an early and satisfactory response not only to the fast emerging law and order situations but also to the genuine and legitimate expectations of the people.
(6) In the capital cities of Karachi, Lahore and Islamabad the City Police Officer will be of the rank of IGP, while in other capitals and city districts, he may be of the rank of Additional IG/DIG of Police. However, irrespective of the rank, the City Police Officer in capital and non-capital cities will have administrative and financial powers of a head of the department and will also have necessary licensing and regulatory powers. Operationally, the entire police force in both the capital and non-capital city districts shall be under command, control and direction of the City Police Chief. The City Police Officer will be assisted by an Additional Chief who will have specific responsibility for inspections, enquiries and complaints and will act as the public face for the organisation. There will be a number of Deputy Chiefs responsible for law and order, investigation, reserve & securities duties, traffic and administration, etc. Inter-district co-ordination shall be the responsibility of the Provincial Police Chief.
(7) The Deputy Chief (law and order) will have his jurisdiction divided into police divisions, sub-divisions and police stations established on a clear formula depending on the size and population of the city. ASP/DSP will take charge of a police station. Investigation and traffic jurisdictions will also be divided into divisions and sections, once again dependent on the size and complexities of the city.

CRIMINAL JUSTICE CO-ORDINATION COMMITTEE

It is a well-established fact that failure to achieve meaningful co-operation amongst the component sub-systems necessary for the maintenance of a successful criminal justice system has undermined public confidence in the efficiency and effectiveness of the system.

NEED FOR CREATION OF CRIMINAL JUSTICE CO-ORDINATION COMMITTEE
2. The creation of an integrated liaison structure with statutory authority consisting of all the players in the criminal justice system is an absolute necessity. It is proposed that a Criminal Justice Co-ordination Committee may be established for the purpose consisting of the following members:
(a) District & Sessions Judge Chairman
(b) District Police Officer
(c) District Superintendent of Prison
(d) District Public Prosecutor
(e) District Probation Officer
(f) District Chief of Investigations Member/Secretary

3. The Committee may co-opt members to bring expertise or specific representation (e.g. woman) as appropriate.

FUNCTIONS OF CRIMINAL JUSTICE CO-ORDINATION COMMITTEE
4. (1) The Committee will keep under review the operation of the criminal justice system and work towards the improvement of the system as a whole.
(2) To promote better understanding, co-operation and co-ordination in the administration of the criminal justice system, in particular by:
(3) Exchanging information and giving advance notice of local developments which may affect other parts of the system.
(4) Formulating co-ordinated priorities, strategies and plans to give effect to district and locally agreed policies.
(5) Considering problems and issues raised by the District Council, Public Safety Commission and members of civil society, and developing their solutions.
(6) Raising necessary issues with the appropriate authority including Provincial and Federal government departments.
(7) Promoting the spread of good practice.
(8) Monitoring and evaluating the system and overseeing the implementation of any decisions the committee may take.

FUNCTIONAL SEPARATION OF INVESTIGATION

The Pakistan Penal Code, Qanoon-e-Shahadat and Criminal Procedure Code have respectively laid down categories of offences; relevancy and admissibility of evidence in criminal proceedings; and powers, parameters and responsibilities of the investigators in criminal cases.

2. In urban police stations, although the staff is sanctioned on the basis of watch and ward duties as well as investigation of crime, there exists no functional segregation or separation between the law and order police and the investigation police. Experience has shown that at the level of a police station, the line between the investigation staff and watch and ward complement gets blurred in view of the primacy placed on the latter function and, more often than not, investigation staff is also utilised for requirements of law and order. Resultantly, the investigation work suffers, pendency of cases increases, delay in prosecutions multiplies and the complainants are disillusioned with the efficiency and effectiveness of the investigation process.

3. Another complaint is inability of the local police to undertake day to day investigation of important cases. After their initial visit to the spot and examination of witnesses, there are frequently no signs of continued investigations. This is because the insufficient investigation staff at a police station is unable to cope with enormous workload. It is, therefore, critical that separate investigation staff should be earmarked at every police station which should, under no circumstances, be drafted for the performance of law and order duties. Such a functional separation would achieve continuity of investigations, develop requisite expertise and promote greater efficiency leading to better results.

4. This subject has also been discussed by various committees and commissions. They have concurred with the concept of the functional separation within a police station but not in terms of having two distinct cadres.

5. Another view is that the control of the detective branch of the district should be with an independent investigation officer. The SHO of a police station, however, should continue to provide administrative support to the investigation staff.

RECOMMENDATIONS
6. (1) Taking into consideration the totality of factors, we recommend that investigation should be separated from law and order. At the police station level, there should be a separate staff for investigation, preferably operating from the police station. Offences punishable up to 3 years imprisonment, or offences committed in the presence of a police officer on watch & ward duties may continue to be investigated by law and order staff. SHO shall not interfere with the work of specialist investigators who shall be operationally under the control of SP/DSP (incharge investigation) in the district. Administrative support to the specialist investigators, however, will be provided by the SHO.
(2) The district CIA shall also be under the control of SP/DSP in charge investigation.
(3) SP/DSP in charge investigations shall be responsible to the District Police Officer as well as to the Provincial Police Chief through the Deputy Inspector General of Police/Additional Crime Branch. No political functionary or committee shall interfere in the conduct of investigations, as this is a quasi-judicial work.
(4) The provincial crime branch would be re-organised under an Additional Inspector General (Crime Branch). He may be assisted by three or more DIGs, one each for crime against person, crime against property, and terrorism etc. with adequate complement of specialist investigators of different ranks.
(5) At present investigations are changing hands unnecessarily under political and other pressures. The practice not only causes undue and avoidable delays in the finalisation of investigation and commencement of prosecutions, but also opens floodgates of corruption. Sometimes investigators of choice are settled before hand for pecuniary considerations by the interested parties and then political pressure is generated for the change of investigation. It is, therefore, essential that a rational, pragmatic and fair procedure is laid down to obviate the undesirable prolongation of investigations. It is recommended that changes in investigation should take place only in exceptional circumstances.
(6) To keep the investigations insulated from political pressure and other interference, the investigating officer may bring such cases in writing to the notice of SP/DSP in charge investigation, who shall decide whether the complaint should be lodged with the District Public Safety Commission, the Police Complaints Authority or a court of law.
(7) The police officers of the investigation branch shall wear uniform distinct from that of the law and order branch.

UP-GRADATION AND RESTRUCTURING OF POLICE STATIONS

The entire arrangement of policing hinges on the basic and important position that a police station occupies in the police set up. The hard core policing which affects citizens in general is at the level of a police station. All citizens who have to seek either legal redress against offenders or protection against any unlawful actions are obliged by law to approach a police station. Their expectations can only be adequately met if the police stations function efficiently and honestly.

2. The unsatisfactory working of police stations from the standpoint of the general public is mainly due to following reasons;
(a) Insensitive and non co-operative attitude of the police station staff
(b) Non-registration of the FIRs
(c) Corruption
(d) Slow response
(e) Non-availability of the officers to the complainants
(f) Poor facilities for the citizens

3. In order to address these problems, several commissions and committees constituted by successive governments made a number of recommendations for improving the working of police stations but no structural changes were proposed. The police stations, both urban and rural, therefore, have continued to be organised on the broad principles laid down in the mid-nineteenth century.

4. The present government, however, is considering fundamental restructuring and reform of the criminal justice system, inter alia, on the following lines;
(a) Complete separation of judiciary from the executive
(b) Law and order to be the sole responsibility of the police
(c) Introduction of a different police system for the cities

5. With a view to meeting the aforementioned objectives, it is essential that not only the level of command at a police station should be upgraded but the police station be redesigned and restructured. The Code of Criminal Procedure and the existing Police Rules will be amended accordingly to redefine the powers, functions, and responsibilities of the officer-in-charge of a police station, who will also be delegated adequate administrative and financial powers enabling him to discharge his responsibilities without unnecessary bottlenecks.

URBAN POLICE STATIONS IN CITIES AND TOWNS
6. In the new scheme, urban police stations will be organised on the following lines:
(a) Officer in charge of a police station to be an ASP/DSP
(b) The jurisdiction of a police station to be rationalised by merging smaller police stations
(c) Each police station to be given adequate resources of manpower, transport, communications, equipment and accommodation
(d) The officer (ASI and above) to men (Constable and Head Constable) ratio to be improved from the present 12:88 to 35:65
(e) Beat patrolling to be re-organised to make it more purposeful, assigning sufficient policemen equipped with walkie talkie sets.
(f) Every beat to be placed under the supervisory control of an ASI
(g) Since criminals are armed with sophisticated weapon, it is important that the police station staff is equipped with at least comparable, if not better, weapons.
(h) A duty officer of the rank of the Inspector for each police station to be available 24 hours on eight-hour shift basis
(i) An Administration Branch to be headed by a Sub-Inspector
(j) A Finance Branch to be headed by a Sub-Inspector
(k) A custody officer of the rank of a Sub-Inspector
(l) A security section headed by a Sub-Inspector
(m) Watch and ward on need basis
(n) Traffic section where required
(o) Separate investigation staff with distinct uniform at the police station level
(p) Sufficient community police officers to be deputed for a closer liaison with the public.

7. The redesigned, restructured and up-graded police stations will be headed by ASPs. However, DSPs may also head police stations as an interim measure. The restructuring of police stations will start from the city districts, and may eventually cover all police stations in the country. The restructuring of police stations is proposed to be completed in three years.

RURAL POLICE STATIONS
8. In the rural areas, the responsibility of the police is mainly confined to collection of intelligence, verification of character, protection of vital points, and registration and investigation of criminal cases. Rural police stations are located in far-flung areas at convenient points. Unlike a police station in a town or a big city, the rural police stations cannot be converted into large police stations by merger. It would, therefore, seem neither advisable nor practicable to upgrade these police stations on the lines of urban areas. The present arrangement, however, needs to be remodelled to introduce new concepts of policing in rural areas.

9. In the new scheme, the rural police stations will be organised on the following lines.
(a) The officer in charge to be of the rank of Inspector
(b) Adequate resources of manpower, transport, communication, equipment and accommodation to be provided
(c) Sufficient village policemen to be provided for watch and ward duties
(d) The officer (ASI & above) to men (Constable & Head constable) ratio to be improved from the present 12:88 to 25:75
(e) Duty officer of the rank of Sub-Inspector for each police station to be available 24 hours on the basis of eight hours shift
(f) Administration and finance branches to be headed by an officer of the rank of ASI
(g) An officer of the rank of ASI to be deputed as custody officer in charge of the lock-up and for dealing with the office work and security duties
(h) Traffic constables if required will be attached to the police station
(i) Separate investigation staff with distinct uniform

10. The proposed restructuring would bring the following improvements:
(a) Attitudinal change in the police
(b) Critical and important decisions affecting the rights of the citizens by senior officers
(c) Reduction in corruption due to closer supervision by senior officers
(d) Improved operational capability
(e) Policing on the street by better educated and better quality personnel of officer cadre
(f) Improved response and free registration of FIRs
(g) Better quality of investigations

ADEQUATE RESERVES
11. Modern policing requires appropriate provision of adequate reserves for meeting emergencies and catering for those who are on leave or training, so as to ensure that functional strength of a police station is not depleted below the required level of operational efficiency. Indeed the backup of reserves is needed at all levels.

SEPARATE CENTRES FOR THE REGISTRATION OF FIRs
12. Non-registration of FIRs at police stations is a major cause of public dissatisfaction. Toning down of cognisable offences into non-cognisable ones for keeping the reported crime suppressed is another facet of the same problem. Political pressure is also one of the potent factors behind the non-registration of crime, as the party in power at the local level pressurises police for non-registration of cases against their party members.

13. With a view to streamlining the system of registration of FIRs, alternative centres, besides police stations, are required to be established where the public may lodge their FIRs. It is proposed that the District Public Safety Commission may supervise these centres. It is, however, important that free registration of FIRs should automatically be accompanied by corresponding increase in the number of investigators. Free registration of crime could also result in the reporting of false cases for which punishment is proposed to be increased. The procedure for imposing such punishment also needs to be simplified to serve as a deterrent to those lodging false cases.

SPECIAL REFORM MEASURES

Not all aspects of policing in need of qualitative reforms have been considered in detail in this report. Only priority areas have been addressed and recommendations listed for implementation. But these specific reforms would not produce the desired results unless other equally important areas of policing are simultaneously dovetailed into the overall ambit of police reforms. Some of such areas have been listed below:

RE-ORGANISATION OF POLICE ON FUNCTIONAL BASIS
2. The police forces in the country need to be reorganised on the basis of separate specialised functions. The broad functional divisions may be as follows:
(1) Watch and ward
(2) Investigation
(3) Traffic
(4) Reserve Police/ VIP duties
(5) Intelligence work (Special Branch)
Police officials to remain posted to their respective cadres. However, where due to the job requirements it may not be practicable to keep them in the same cadre, such as reserve and traffic police etc. requiring certain age limit, they may be given an opportunity for retraining before their transfer to other cadres through a selection process.

MAKING COMMAND AND CONTROL STRUCTURE MORE EFFECTIVE
3. To improve the quality of supervision and overall standard of policing, it is proposed that the existing officers/men ratio may be enhanced from 12:88 to 25:75 for rural areas and 35:65 for the urban areas. The actual numbers at the two levels may be worked out by the respective police forces based on local conditions and keeping in view the requirements of a viable organisational pyramid that will ensure optimum efficiency and also provide reasonable opportunities of career development.

IMPROVING EDUCATION AND TRAINING OF POLICE PERSONNEL
4. The police have to deal with complex human problems. With urbanisation, modernisation and revolution in information technology, their duties have become more demanding, requiring a high level of competence and professionalism. In this regard, the following measures are proposed:
(1) The education and training syllabi of police may be revised and designed to bring an attitudinal change.
(2) The National Police Academy (NPA) may be tasked to design in-service command and management courses.
(3) Successful training courses at senior levels may be linked with promotion.
(4) The Central Planning & Training Unit (CPTU), set up in the National Police Academy (NPA), be strengthened and similar units be established in the Provinces. This will help in enhancing professionalism and ensuring standardisation/ modernisation of police training.
(5) Institutional arrangements be made for training of officers at command levels in foreign countries. Facilities for participation in seminars and workshops through exchange programmes may also be enhanced.
(6) Improvement in infrastructure of training institutions may be given priority by provision of special grants by the government.
(7) To attract quality instructors, the available incentives may be made more attractive.

RECRUITMENT ON MERIT
5. The recruitment system in the police department has been compromised due to growing extraneous interference especially since the mid-eighties. This has resulted in poor quality policing. The recruitment virtually at every rank has further distorted the entire service structure, giving rise to in-efficiency and demoralisation. To improve the situation, following measures are proposed:
(1) Recruitment may be made only at three levels of Constable, ASI and ASP.
(2) Recruitment at the constable level may be made twice a year through specially constituted selection boards. In order to make the system transparent, the notables of the area and members of the press may be associated as observers.
(3) Recruitment at the ASI level may be made only through the respective Public Service Commissions.
(4) The age limit for the ASPs recruited through CSS Examination may be fixed at 25 years.
(5) There should be no relaxation in prescribed standards.

PROVISION OF FORENSIC SCIENCE SUPPORT
6. Existing forensic science laboratories need modernisation and are required to be staffed by qualified personnel. To improve the quality of the laboratories, the following measures are proposed:
(1) Provision of proper infrastructure and equipment.
(2) Creation of specialised cadre of forensic scientists with special salary structure.
For this purpose, a team of experts may be engaged for making long term plan.

PROVISION OF RESOURCES FOR MEETING ESSENTIAL REQUIREMENTS AT THE POLICE STATION
7. After a case is registered, the police have to incur certain expenditure for which no funding is officially provided. This essential expenditure is required mainly for the following purposes:
(1) Transport for visiting the scene of crime, apprehending suspects and tracing witnesses. The police vehicles, where available, are not provided with more than 10 litres of fuel per day.
(2) Other miscellaneous expenditure for post-mortem, photographs of the site, preparation of site plan, collection and sealing of evidence and its transportation to the laboratories is also not provided for.
(3) No provision is made for stationery, whereas at least Rs. 12000/- to 15000/- per annum are required for this purpose for each police station.
(4) There is no provision for serving meals to the suspects arrested and lodged in police stations. In the past, the District Magistrate provided a limited amount but due to financial constraints even this has become unavailable.
A conservative estimate for expenditure on these items alone works out to over Rs. one billion annually. As the nature of police work is such that it cannot be postponed, it is imperative that resources are provided for the purpose so that this amount is not extorted from the general public.

EIGHT HOURS SHIFT AND WEEKLY OFF
8. Presently, the police are required to be on duty for twenty four hours. A policeman is normally on active duty on an average of 10 to 12 hours, without any weekly off or leave on special occasions such as Eid and Moharam, when he performs duties stretching up to 18 hours a day. It is absolutely necessary that an eight hours shift may be introduced in the city police stations to begin with. A start can be made with a 12 hours shift. But the weekly off is a must to enable the police to work efficiently and contentedly.

POLICE STATION AND OFFICE BUILDINGS
9. There are a large number of police stations and offices that are housed in encroached premises or located in makeshift structures. A majority of old police buildings are also in a dilapidated condition and need to be reconstructed.

INTRODUCTION OF INFORMATION TECHNOLOGY
10. Although the world has taken a major leap in the age of information technology, not much attention has been paid to harness the potential benefits of this development in police work. It is recommended that specialist wings manned by suitably qualified I.T. experts may be established at all levels including police stations. This will facilitate setting up a common criminal justice information network.

ADDITIONAL AND AUXILIARY POLICE

Organised, statutory, professional and paid police is the evolutionary culmination of various methods and types of self-policing by the citizens. Notwithstanding high standards of recruitment, training, equipment and the organisation of regular police force, the fight against crime cannot be effective unless it is reinforced by statutory backing for voluntary help from the individuals or groups of civil society. There are at present following forms of additional, special, and auxiliary police:

ADDITIONAL POLICE
2. Section 13 of Police Act 1861 empowers designated police officers to depute any number of police officers on the application of any person in an area for such time as may be deemed proper. The cost of such police may be recovered from the applicant.

3. Section 14 of the Police Act empowers the Inspector General of Police to appoint, with the consent of the provincial government, additional police force in the vicinity of a public work, manufacturing or commercial concern threatened by the behaviour of the people or the workers. The cost of such additional police may be recovered from the funds of the project.

4. Section 15 of the Police Act empowers the Inspector General of Police after a proclamation has been made by the provincial government declaring any area to be in a dangerous or disturbed state, to quarter any number of police force in addition to the sanctioned strength in the area. The cost of the additional police force so quartered may be recovered from the inhabitants of that area.

SPECIAL POLICE OFFICERS
5. Section 17 of Police Act empowers any police officer not below the rank of Inspector to apply for the appointment of special police officers who are residents of the area where rioting and disturbance of peace is apprehended or has taken place. Special police officers so appointed shall enjoy same powers and shall be amenable to same discipline as the ordinary police. Refusal to serve as special police officer is punishable with a fine not exceeding fifty rupees for each disobedience or refusal.

AUXILIARY POLICE
6. The concept of drawing auxiliary police from the voluntary members of the public and paying them stipend for their duty hours in aid of police was first of all experimented in Bombay in 1946. The outbreak of serious communal riots made the authorities realise that the organised police was insufficient to cope with the situation, which warranted help and assistance from a civic organisation that could be “voluntary in nature but statutory in structure.” Thus home guards came into existence as an invaluable auxiliary to the police in the maintenance of peace and tranquillity. These guards were recruited from the various cross sections of the society with a view to enabling them to bring the requisite rapport between the citizens and the authorities. The Bombay experience was followed in Sind province through the Sind Home Grounds Act 1948, in the province of Punjab through Quami Razakars Act 1949, and in the N.W.F.P through Quami Razakars Act 1952.

CONSTITUTION OF QUAMI RAZAKARS
7. The Quami Razakars are appointed by the Deputy Commissioner. Only willing members of the public are appointed, and the superintendence and control over Quami Razakars vests with the Deputy Commissioner.

DUTIES
8. The Quami Razakars are tasked to perform the following duties:
(1) Such duties in connection with law and order and natural calamities as may be prescribed.
(2) Where called in aid of police, they shall enjoy same powers, privileges and protection as a member of the police force and shall work under the police officers.
(3) They are public servants within the meaning of section 21 of the PPC.
(4) They are issued uniforms and may be called out for training.
RECOMMENDATIONS
9. Our recommendations envisage only two types of auxiliary police i.e. additional police on payment and special police which will also include Quami Razakars.
Additional Police
(1) The concept of providing additional police on need basis and subject to availability of force and willingness of the party concerned to pay its cost, is supported. Similarly the cost of stationing of additional police for the security of any public works or commercial concerns etc shall be defrayed by the management of such project/ concern. However, the concept of quartering (additional police) as a punitive measure in a disturbed or dangerous area is an outdated colonial concept, which is required to be done away with.
Special Police
(2) Special police as referred to in section 17 of the Police Act is also an outdated concept with the draw back that such police is appointed not from amongst the voluntary and qualifying individuals but from the members of the public in general. The whole scheme is more or less akin to conscription. This needs to be done away with and instead a voluntary force styled as special police appointed from among the educated and willing members of the public, who can well understand the duties they are likely to perform whenever called upon to do so, may be established under the new Police Act. They shall be given uniforms, arms and ammunition as well as remuneration. Their terms and conditions of service, duties, training and remuneration may be prescribed under the rules. They shall have the same powers, privileges and protection and shall be amenable to same discipline as the regular police. They may be liable to dismissal by the District Police Officer of the district.
Quami Razakars
As regards Quami Razakar, it is a useful scheme that has created a voluntary organisation with a statutory backing for the aid of police in disturbed conditions/emergencies. However, the scheme at present is not devoid of shortcomings that are required to be improved to make this organisation as an effective and a well trained body raised and placed under the direction and control of the head of the police force concerned. At present some undesirable members of the public have joined this organisation and have been guilty of committing malpractices in the garb of the uniform they wear and the powers they enjoy. Therefore, it is essential that this organisation should be converted into re-organised special police appointed, trained and controlled by the District Police Officer. Special police should be subjected to a carefully planned course of training acquainting them with, and preparing them for, the police duties they are called upon to perform. They should be provided at least two sets of uniforms annually so that they maintain a smart turnout. The daily allowance admissible to them for the period of the performance of duties should be reasonable as compared to the cost of living. Satisfactory compensations should be paid in the case of loss of limb or life. They should also be recommended for gallantry awards. Their utilisation should be so planned as would not diminish their interest, effectiveness and utility as an aid to the police force. The scope of their duties should be enlarged to include the following:
(i) The maintenance of Law and Order
(ii) Carrying out security duties including patrolling and guarding of railway tracks, bridges, airfields, and vital installations
(iii) Controlling and regulating traffic on the roads
(iv) Protecting the polling booths
(v) Providing relief and assistance during the floods
(vi) Performance of civil defence duties during emergencies
(vii) Performance of duties around examination halls
(viii) Helping the police in any kind of emergency

VILLAGE POLICE

DURING PRE-MOGHAL PERIOD
Since the Indo-Pak sub-continent was mainly an agricultural region, the system of village police in the pre-Moghal days was based on the land tenure system, and the Zamindars were required to perform police duties. Besides, there existed a joint responsibility of the villagers to track offenders to the limits of another village. The village responsibility was enforced through the headman assisted by one or more village watchmen. In case the headman failed to detect the thief, he had to make good the value of the stolen property. The watchmen observed the character of each male member residing in the village, kept watch at night, and enquired about strangers, to find out all arrivals and departures. They also reported movements of suspicious persons to the headman.

IN THE MOGHAL PERIOD
2. In the reign of Akbar, urban police was elaborately organised, but the village police system continued as it existed. With the passage of time the village police system proved weak and in the later Moghal period could not survive the political disorder, with the result that both the village headman and the watchman often connived at crime and no longer fulfilled their obligation to apprehend criminals and recover the stolen property.

DURING EARLY BRITISH PERIOD
3. The British, despite their efforts to reform the police during the early period of their rule in the sub-continent, retained the existing village system and made only some changes by divesting the Zamindar of the area of all police responsibility bringing it under the control of the district administration.

AFTER POLICE ACT OF 1861
4. The Police Act of 1861 introduced far reaching changes in the police set-up but did not provide for the regular village police on grounds of huge expenditure with the result that the system as modified by the early changes made by the British was retained. The Police Act of 1861, however, did not define clearly the extent to which the village police was required to co-operate with the regular police. Resultantly, inadequate use was made of the village police.

PUNJAB LAWS 1872 AND CHAUKIDARI RULES
5. Section 39-A of the Punjab Laws Act 1872 empowered the provincial government to establish a system of village watchmen, determine their grades, define the limits of their beats, and to lay down the performance of their duties relating to police. In pursuance of this provision, the government of the Punjab promulgated the Chaukidari Rules continuing the following features:
(a) The watchmen appointed for each village were liable to dismissal by the Deputy Commissioner for misconduct or neglect of duty.
(b) The principal duty of a village watchman was to assist the police in matters of prevention and detection of crime and apprehension of offenders, report the situation in his beat to the SHO and communicate information about suspects, vagrants, and house–breakers.
(c) Every village watchman was bound to report to the SHO the arrival of suspicious characters and about notorious bad characters residing in the village and also to keep the SHO informed of any disputes that could lead to rioting and affray. It was his duty to prevent the commission of a cognisable offence and report to the SHO when such offence had taken place. He was also empowered to arrest a person without a warrant, designing to commit a cognisable offence.

POLICE COMMISSION 1902
6. The Police Commission of 1902 recommended continuation of the existing village police system in view of the staggering financial cost involved in substituting it by the regular police. However, the commission justified this position on the plea that values and concepts in the villages vastly differed from those prevalent in the urban areas and that the involvement of regular police with village community would constitute “intolerable burden and vexation to the people”.

POLICE RULES 21.3 AND 24.2
7. (1) The contents of the Punjab Chaukidari rules and the observations of the Police Commission 1902 were embodied in the Police Rules 21.3 and 24.2 which, besides containing the aforementioned provisions, further laid down that it would be the duty of the gazetted police officers and inspectors to take note of the work of the watchmen, who were to be encouraged in the performance of their duties and suitably rewarded for good work. Serious neglect of duty was required to be brought to the notice of the District Magistrate through the District Superintendent of Police.
(2) The Police Rule 2.2 (3) fixed the strength of a rural police station on the incidence of crime alone as the watch and ward activities in the villages had been entrusted to the village police.

BASIC DEMOCRACIES ORDER 1959
8. The Basic Democracies Order 1959 took away the function of the registration of births and deaths from the police station and transferred the record keeping function in relation to these vital statistics to the Union Councils.

LOCAL GOVERNMENT ORDINANCE 1979
9. Under the Local Government Ordinance 1979, the rural Union Councils continued to maintain the register of births and deaths. This transfer of responsibility constituted dilution of the role of the headmen and chaukidars towards the SHO, which ultimately resulted in the informal discontinuation of the village officer’s obligations towards the SHO. The Ordinance also transferred the following responsibilities of village police from village officials to the rural Union Council:
(i) Reporting to the police the commission of any offence
(ii) Bringing to the notice of the police the presence, in the local areas, of persons of notorious character
(iii) Assisting the police in the prevention and investigation of crime and arrest of criminals
This meant that the individual responsibility of the village watchman was transferred to the collective concern of the Union Council. With the passage of time these functions tended to become non-existent, leaving rural police stations to the limitation of their own meagre staff essentially sanctioned for the investigation work.

VARIOUS POLICE COMMISSIONS/COMMITTEES
10. Various Police Commissions and Committees set up in the past fifty years did not address in detail the subject of village police, nor did they take notice of the erosion of the traditional system of village police and its deficiencies to meet the requirements of modern times. The recommendations that these commission/committees made remained restricted to revival of the old Chaukidari System and the establishment of its effective linkage with the rural police station.

DEFICIENCIES IN THE PRESENT SYSTEM OF VILLAGE POLICE
11. Besides dilution of the obligations of village police towards the SHO, the system of village police suffers from a number of other defects. Minimum educational qualifications for the appointment of village police officials were not prescribed and in many cases they were totally illiterate. Similarly, there existed no rules for the maximum age limit as a result of which very old and physically unfit persons managed to continue in the system. Moreover, village police officials had no clear perception of their responsibilities for the collection and transmission of information to the police concerning crime and criminals, nor were they given any training for the efficient performance of their duties. The pay given to them was inadequate and even that was not paid regularly. There existed nebulous supervisory control over them by the police authorities as their appointing and dismissing authority was the Deputy Commissioner. With the passage of time the Chaukidars became menial servants with very little capacity to assist the regular police.

RECOMMENDATIONS
12. (1) It is recommended that the concept of regular policing be extended to the villages as well in order to meet the emerging law and order challenges in the rural areas.
(2) The separate village police created through an enactment should, inter alia, have the following essential provisions:
(i) The District Police Officer may appoint one or more village police officers for a village.
(ii) The recruitment, remuneration and other conditions of the village police officials should be reasonable and may, from time to time, be determined by the provincial government.
(iii) Remuneration of village police officials, as determined by the provincial government, may be paid by the concerned Union Councils.
(iv) Maximum age for the appointment of a village police official should be fixed at 30 years and retirement at 60 years.
(v) Village police officials should be issued proper uniform, arms and ammunition.
(vi) Subject to the order of the District Police Officer, the village police official shall:
(a) act under the orders of the SHO of the rural police station within whose jurisdiction his village is situated.
(b) furnish such information and returns as may be prescribed.
(c) keep the SHO informed as to the state of crime.
(d) assist all police officers when called upon by them in the performance of their duties.
(e) promptly execute all warrants and lawful orders.
(f) collect and communicate to the SHO intelligence affecting the public peace.
(g) prevent within the limits of his village the commission of offences and public nuisances and detect and bring offenders to book.
(h) take possession of unclaimed property.
(i) perform such other duties as may be prescribed from time to time.
(vii) The control and direction of the village police shall vest in the District Police Officer.
(viii) The village police officials shall enjoy the same powers and protection and shall be amenable to same discipline as members of the regular police.
(ix) For effective working of the village police, at least one village policeman may be appointed for each of the over 50,000 villages in Pakistan.
(x) As the scheme of the village police would involve considerable expenditure, it is recommended that the scheme may be implemented under a phased programme. In the meanwhile, each union council may raise local village guards to be paid from the funds of the union council, but trained by the district police.

PROVINCIAL PUBLIC SAFETY COMMISSION

There shall be a Provincial Public Safety Commission in each Province, consisting of twelve members for the time being to be appointed by the Governor on the recommendation of the Provincial Selection Panel. After elections to the Provincial Assembly, one-half of the members of the Commission shall be selected by the Provincial Assembly from amongst its members, as far as practicable, in proportion to the representation of political parties in the Assembly. The other half comprising independent members shall continue to be appointed by the Governor in his discretion, on the recommendation of the Provincial Selection Panel. One-third each of the elected and independent members will be women, as far as possible.

PROVINCIAL SELECTION PANEL
Composition
2. The Selection Panel for independent members of the Provincial Public Safety Commission shall consist of:
(1) Chief Justice of High Court
(2) One non-elected member to be nominated by the Prime Minister
(3) One non-elected member to be nominated by the Chief Minister

Functions
3. The functions of the Provincial Selection Panel shall be:
(1) To invite applications/nominations for selection of independent members.
(2) To short-list eligible and willing candidates for appointment as independent members.
(3) To interview and select for nomination persons two times greater than the number of appointments to be made.
(4) To notify particulars of each nominee to the Governor and also provide such other information, as it may consider appropriate.
Selection Process
4. The Governor in his discretion shall, within thirty days of receipt of names from the Provincial Selection Panel, and subject to following conditions, select the independent members of the Provincial Public Safety Commission.
(1) The Selection Panel shall not nominate a person who is otherwise disqualified for being appointed as a member.
(2) The Selection Panel shall have regard to the desirability for ensuring that, so far as reasonably practicable, the persons nominated represent the interests of wide range of people.
(3) The decisions of Selection Panel with regard to nomination of independent members shall be by consensus.
(4) The selection process shall be completed within thirty days of the receipt of applications/ nominations.
(5) The Provincial Government may make regulations as to the procedure to be followed in relation to the selection of independent members.

Selection Criteria
5. The selection criteria for the independent members will be as follows:
(1) Persons nominated as independent members to be of impeccable integrity and imbued with the spirit of public service.
(2) They are not in politics and have never been members of any political party.
(3) They have skills and knowledge in such fields as administration/ law/ social work/corporate sector etc.
(4) They are not declared as bankrupts, loan defaulters or tax evaders, nor are they convicted of a criminal offence
(5) Government/semi government employees, after they retire from service, may be eligible for nomination, provided they otherwise qualify.



FUNCTIONS OF THE PROVINCIAL PUBLIC SAFETY COMMISSION
6. The Provincial Public Safety Commission shall perform the following functions:
(1) It shall have responsibility for co-ordinating the functioning of all Public Safety Commissions within the Province.
(2) The Provincial Public Safety Commission shall select the Provincial Police Chief out of a panel of three suitable names forwarded by the National Public Safety Commission for the purpose.
(3) The Provincial Public Safety Commission in consultation with the Chief Minister may, acting with the approval of the National Public Safety Commission, seek transfer of the Provincial Police Chief in the interest of efficiency, effectiveness, or on grounds of misconduct, before he completes his tenure:
Provided that before seeking the approval of the National Public Safety Commission, the Provincial Public Safety Commission shall give the Provincial Police Chief an opportunity to be heard.
Provided further that in case of disagreement between the National Public Safety Commission and Provincial Public Safety Commission, the former shall refer the matter to the Prime Minister for final decision.
(4) The Provincial Public Safety Commission shall recommend and process provincial grants to various police forces within the province, for enhancing their capabilities to handle law and order, or in respect of expenditure incurred (or to be incurred) for policing purposes during any emergency, disturbance, or act of terrorism, which may seriously impair public tranquillity/ national security.
(5) The Provincial Public Safety Commission may recommend and process the provision of appropriate intergovernmental/inter-agency assistance for meeting any serious public order situation arising within the province.
(6) The Provincial Public Safety Commission shall:
(i) determine in consultation with the Provincial Police Chief objectives for the policing of the Province for each financial year.
(ii) approve a provincial policing plan prepared by the Provincial Police Chief setting out the arrangements for the policing of the Province during the year.
(7) The Provincial Policing Plan shall include:
(i) a statement of the financial resources expected to be made available by the Provincial/Federal Government.
(ii) performance targets for the year and their delivery mechanism.
(8) The Provincial Public Safety Commission shall evaluate the delivery of performance targets on quarterly basis.
(9) The Provincial Public Safety Commission shall publish:
(i) The Provincial Policing Plan by end June for the next financial year.
(ii) An annual report relating to the policing of the province including the targets achieved for the year by end November each year.
(10) The Provincial Public Safety Commission shall send copies of the Provincial Policing Plan and annual reports to the National Public Safety Commission.
(11) The Provincial Public Safety Commission shall before end October each year receive from the Provincial Police Chief a general report on the policing of the Province for the previous financial year.
(12) The Provincial Public Safety Commission shall seek to recommend essential criminal justice reforms, including modernisation of police law and procedure, on a long-term basis.
(13) The Provincial Public Safety Commission shall take steps to enhance co-operation with other segments of the criminal justice system.
(14) The Provincial Public Safety Commission shall evaluate the performance of the District/City Public Safety Commissions on annual basis.
(15) If on the basis of the evaluation conducted by the Provincial Public Safety Commission, the performance of a District/City Public Safety Commission is found unsatisfactory, the Provincial Public Safety Commission may move the concerned Zila/City Council for the dissolution of the District/City Public Safety Commission, where the matter shall be decided by a simple majority of the total membership of the Assembly.
(16) The Provincial Public Safety Commission shall perform all functions of co-ordination and evaluation vis-a-vis the Prosecution Service and the Prison Department in the same manner as for the police.
(17) The Provincial Public Safety Commission shall perform such other functions with regard to public safety/ safeguarding public interest, as may be assigned to it for the purpose under any law for the time being in force.

GENERAL PROVISIONS
7. The general provisions in relation to the conduct of business by the Provincial Public Safety Commission shall be as follows:
(1) The Commission shall select its own chairman on a rotation basis every quarter.
(2) Quorum for the Commission shall be eight in case of a twelve member Commission, seven in case of ten-member Commission and five in case of an eight-member Commission.
(3) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be a minimum of one meeting in a month.
(4) The Government shall provide an independent secretariat of appropriate level.
(5) Decisions at the Commission’s meetings shall be by a simple majority.
(6) The Commission may hold public consultation as and when required.
(7) Subject to regulations, the Commission may invite any person to attend a meeting as ex-officio non-voting member.
(8) The Commission may invite any expert for consultation on specific issues.



TERMS OF MEMBERS OF THE PROVINCIAL PUBLIC SAFETY COMMISSION
8. The following terms shall apply to the members of the Provincial Public Safety Commission:
(1) Members may be full time or part time.
(2) Term of office of members shall be four years.
(3) In case of the dissolution of the Provincial Assembly, the elected member shall continue to hold office until their successors are appointed.
(4) No member shall be eligible for the second term.
(5) Members may be paid honoraria, TA & DA etc., for attending meetings, as per regulations.
(6) A member may be removed from office by the Commission if he/she:
(i) is found to be suffering from any physical/mental incapacity or illness
(ii) is convicted of a criminal offence
(iii) is declared a bankrupt, loan defaulter or a tax evader
(iv) brings the Commission into disrepute
(v) fails to attend three consecutive meetings without any reasonable cause
(vi) procedure for premature removal of the members will be the same as for the members of the Provincial Public Service Commission.

NATIONAL PUBLIC SAFETY COMMISSION

There shall be a National Public Safety Commission, consisting of twelve members for the time being to be selected by the National Selection Panel. After elections to the National Assembly, one half shall be selected by the National Assembly from amongst its members, as far as practicable, in proportion to the representation of political parties in the Assembly, whereas the other half comprising independent members shall continue to be selected by the National Selection Panel. While making these selections, it shall be ensured that at least two members (one elected and one independent) belong to each Province. One-third each of the elected and independent members will be women as far as possible.

NATIONAL SELECTION PANEL
Composition
2. The Selection Panel for independent members of the National Public Safety Commission shall consist of:
(1) Chief Justice of the Supreme Court
(2) One member of the Cabinet to be nominated by the Prime Minister
(3) Chairman, Federal Public Service Commission

Functions
3. The functions of the National Selection Panel shall be:
(1) To invite applications/nominations for selection of independent members.
(2) To short-list eligible and willing candidates for appointment as independent members.
(3) The interview and select for nomination persons two times greater than the number of appointments to be made.
(4) To notify particulars of each nominee to the Prime Minister and provide such other information, as it may consider appropriate.

Selection Process
4. The Prime Minister shall, within 30 days of receipt of names from the National Selection Panel, and subject to following conditions, select the independent members of the National Public Safety Commission:
(1) The Selection Panel shall not nominate a person who is otherwise disqualified for being appointed as a member.
(2) The Selection Panel shall have regard to the desirability for ensuring that, so far as reasonably practicable, the persons nominated represent the interests of wide range of people.
(3) The decisions of Selection Panel with regard to nomination of independent members shall be by consensus.
(4) The selection process shall be completed within thirty days of the receipt of applications/nominations.
(5) The Federal Government may make regulations as to the procedure to be followed in relation to the selection of independent members.

Selection Criteria
5. The selection criteria for the independent members will be as follows:
(1) Persons nominated as independent members to be of impeccable integrity and imbued with the spirit of public service.
(2) They are not in politics and have never been members of any political party.
(3) They have skills and knowledge in such fields as administration/law/social work/corporate sector etc.
(4) They are not declared as bankrupts, loan defaulters or tax evaders, nor are they convicted of a criminal offence.
(5) Government/semi government employees, after they retire from service, may be eligible for nomination, provided they otherwise qualify.

FUNCTIONS OF THE NATIONAL PUBLIC SAFETY COMMISSION
6. The National Public Safety Commission shall:
(1) provide policy guidelines on matters concerning general planning, development and standardisation of police administration, police education and training, police communications, criminal identification facilities, criminal statistics, police equipment and criminological research, especially in fields such as terrorism, sectarian and ethnic violence, drug trafficking, organised crime, inter-provincial crime, crime having international dimensions etc.
(2) supervise the National Police Academy and the Bureau of Police Research & Development.
(3) recommend and process federal grants to various police organisations for enhancing their capabilities to handle law and order, or in respect of expenditure incurred (or to be incurred) for police purposes during any national emergency, serious disturbance of public order, or act of terrorism which may seriously impair public tranquillity.
(4) recommend and process the provision of appropriate inter-governmental/inter-agency assistance, especially for meeting any major public order situation.
(5) in consultation with Provincial Public Safety Commission, lay down standards of recruitment, appointment, promotions, transfers, tenure, discipline and performance of duties and other activities of police personnel.
(6) recommend panels of three suitable PSP officers to the Provincial Public Safety Commission for appointment of Provincial Police Chief.
(7) recommend panels of suitable PSP officers for appointment as heads of federal police/law enforcement agencies by the Prime Minister.
(8) recommend to the Prime Minister for the transfer of the head of a police/law enforcement agency in the interest of efficiency, effectiveness, or on grounds of misconduct; provided that before making such a recommendation the Commission shall give the concerned officer an opportunity to be heard.
(9) require, before the beginning of each financial year, the head of relevant federal police/law enforcement agency to issue a plan setting out arrangements for achieving policing objectives as well as levels of performance for that year.
(10) require the head of relevant federal police/law enforcement agency to submit to the Commission, by end August each year, a general report in a manner prescribed by the Commission, which shall be published.
(11) prepare, or cause a consolidated abstract of information annually concerning the state of public safety and law and order in the country to be prepared and provided to the Federal Government for laying it before the Parliament.
(12) submit to Government a report on matters connected with the discharge of the Commission’s functions, or otherwise with the general functioning of a police/law enforcement agency, after getting a report, or if necessary, an inspection conducted for the purpose.
(13) take steps to enhance co-operation with other segments of the criminal justice system.
(14) recommend essential criminal justice reforms, including modernisation of police law and procedure, on a continuing basis.
(15) perform all functions of co-ordination and evaluation vis-a-vis both the prosecution service and any prison department that may be established in relation to Islamabad Capital Territory in the same manner as for the police.
(16) perform such other functions connected with public safety/safeguarding public interest, as may be assigned to it for the purpose under any law for the time being in force.
(17) have specific responsibility for co-ordinating the functioning of the Provincial Public Safety Commissions.

GENERAL PROVISIONS
7. The general provisions in relation to the conduct of the business by the National Public Safety Commission shall be as follows:
(1) The Commission will select its own Chairman on a rotation basis every quarter.
(2) Quorum for the Commissions shall be eight.
(3) Members shall attend meetings of the Commission as and when required for which at least a week’s notice, with agenda, shall be given. There shall be a minimum of one meeting in a month.
(4) The Government shall provide an independent secretariat of appropriate level.
(5) Decisions at the Commission’s meetings shall be by a simple majority.
(6) The Commission may hold public consultation as and when required.
(7) Subject to regulations, the Commission may invite any person to attend a meeting as ex-officio non-voting member.
(8) The Commission may invite any expert for consultation on specific issues.


TERMS OF MEMBERS OF THE NATIONAL PUBLIC SAFETY COMMISSION
8. The following terms shall apply to the members of the Commission:
(1) Members may be full time or part time.
(2) Term of office of members shall be four years.
(3) In case of the dissolution of the National Assembly, the elected member shall continue to hold office until their successors are appointed.
(4) No member shall be eligible for the second term.
(5) Members may be paid honoraria, TA & DA etc., for attending meetings, as per regulations.
(6) A member may be removed from office by the Commission if he/she:
(i) is found to be suffering from any physical/ mental incapacity or illness
(ii) is convicted of a criminal offence
(iii) is declared a bankrupt, loan defaulter or a tax evader
(iv) brings the Commission into disrepute
(v) fails to attend three consecutive meetings without any reasonable cause
(vi) procedure for premature removal of the members will be the same as for the members of the Federal Public Service Commission.


THE POLICE COMPLAINTS AUTHORITY

The need for an independent Police Complaints Authority as a credible mechanism for enquiring into the complaints against the police cannot be overemphasised. The Police Complaints Authority shall be established separately in each province as well as at the Federal level. It shall consist of a chairman and six other members. The Prime Minister shall appoint the chairman of the Police Complaints Authority to be established in relation to the Federation and the Interior Minister out of a panel recommended for the purpose by the National Public Safety Commission shall appoint the other members of the Police Complaints Authority. Similarly the Chief Minister shall appoint the chairman of the Police Complaints Authority established in relation to a province and the Provincial Home Minister out of a panel recommended for the purpose by the Provincial Public Safety Commission shall appoint other members of the said authority.

2. The members of the Police Complaints Authority shall be eminent persons of impeccable integrity with skills, knowledge and experience in such fields as may be specified. Persons may be appointed as whole-time or part-time members of the Authority. A person shall not be appointed as a member for more than three years at a time. The Authority may, with the approval of the appropriate Government, establish one or more district offices.

FUNCTIONS
3. The Police Complaints Authority shall perform the following functions:
(1) Receive from members of the public any complaint against the misconduct of the police.
(2) Receive from the District Police Officer complaints alleging rape, or where the conduct of police officer subordinate to him resulted in the death of, or serious injury to, some other person.
(3) When the Authority receives a complaint against a police officer, it may take steps to ensure that evidence relating to the complaint is duly preserved.
(4) The Authority may, in serious cases, request the Chief Justice of the High Court to appoint a District & Sessions Judge/ Additional District & Sessions Judge for a judicial enquiry.
(5) The Authority may, in appropriate cases, choose to appoint a police officer of a different district, who is equal or senior in rank to the officer complained against, as an inquiry officer, and to supervise the inquiry proceedings on day to day basis.
(6) At the end of an inquiry caused or supervised by the Authority, and after the inquiry officer has submitted his report to the Authority, it shall send a copy of the report to the concerned Police Chief for departmental action, and/or registration of a criminal case, where appropriate.
(7) The Authority may also decide to appoint a police officer of its own choice to investigate any criminal case arising out of inquiry caused or supervised by it.
(8) Where it is practicable to do so, the Authority shall send a copy of the abstract of the inquiry report to the complainant.
(9) Where the concerned Police Chief takes no action on a particular inquiry report, the Authority may direct him to bring disciplinary proceedings, and it shall be his duty to comply with any direction so issued to him.
(10) Where the Authority is of the opinion that inadequate punishment has been awarded to the officer complained against, it may assist the complainant to file an appeal against the inappropriate order.
(11) The Authority may initiate legal action against the complainant if the complaint is found to be false, frivolous, vexatious or malicious.
(12) The Authority shall take no action on complaints, which are anonymous/pseudonymous.
(13) The Authority shall prepare and send to the appropriate Government an annual report on matters relating generally to their functions, including any matter to which they consider attention of the Government should be drawn by reason of its gravity or other exceptional circumstances, for laying the report before Parliament or Provincial Assembly, as the case may be.

SECRETARIAT SUPPORT
4. A secretariat of appropriate level will be established by the government to provide adequate support to the Authority.

INDEPENDENT PROSECUTION SERVICE

The prosecution services in most countries of the civilised world have been functionally separated from the police. In the U.K, for instance, the responsibility of prosecution of cases rests under the Prosecution of Offences Act 1985 with the Crown Prosecution Service.

2. The prosecution of cases in magisterial courts in Pakistan was until recently handled by select police officers, possessing law-degrees, trained and employed in the district police set up as prosecuting sub-inspectors and prosecuting inspectors. The prosecution of cases in the Sessions Courts was however, handled by public prosecutors appointed by the Provincial Government in accordance with section 492(1) of the Code of Criminal Procedure. In the High Courts, special prosecutors were appointed for the purpose by the provincial government.

3. In 1985, the Government decided to separate the prosecution from the police at the level of magisterial courts, limiting the role of the prosecution branch of the police to the scrutiny of challans of criminal cases. Resultantly, the prosecution of criminal cases was entrusted to District Attorneys, Deputy District Attorneys and Assistant District Attorneys. This decision was later reversed in some provinces, as a result of which prosecution of cases continued to be handled by police prosecutors in magisterial courts.

4. It would be instructive to consider the following factors that supported combination of these functions in the police department in Pakistan:
(1) The success of the police investigation depends on the ability of the prosecution service in utilising and presenting the evidence in a court of law in a convincing manner.
(2) The performance of a prosecutor is directly related to his mastery over the facts of the case, which pre-supposes reasonable inter-action between the investigation staff and the prosecution service.
(3) Convictions in a court of law require close co-operation by the investigating officers and the prosecution service.

5. On the other hand, the separation of the prosecution from the police resulted in the following drawbacks:
(1) There was lack of co-operation and team spirit between investigating officers and the prosecution staff, which often resulted in ineffective handling of cases in courts.
(2) Investigating and prosecuting staff tended to blame each other for lack of interest in pursuing cases properly in the courts.

6. The unsatisfactory performance of the existing prosecuting staff is primarily attributable to the following reasons:
(1) Absence of a proper service structure.
(2) Unattractive service conditions.
(3) Lack of adequate facilities like office accommodation, law library, and secretariat assistance.
(4) Inefficient supervision over day to day work of the prosecutors.
(5) Poor quality of the selection of prosecutors on political considerations.

A NEW PROSECUTION SERVICE
7. To ensure efficient and effective prosecution of cases, there is a need to set up an independent prosecution service in each province. It shall consist of such number of officers and staff as may be decided from time to time by the provincial government.

8. The administration of the prosecution service in the province shall be vested in the Director of Public Prosecution, who will be an officer of BS-21. He shall be assisted in the performance of duties by such number of Additional Directors of Public Prosecution as the provincial government may decide from time to time. He shall be an ex-officio secretary to the provincial government, exercising all administrative and financial powers of the head of a department.

9. The administration of the prosecution service in a district shall subject to direction and control of the Director of Public Prosecution, be vested in a District Public Prosecutor, who shall be assisted in the performance of his duties by such number of Additional District Prosecutors, Deputy District Prosecutors and Assistant District Prosecutors as the provincial government may determine from time to time.

10. Vacancies of Assistant District Public Prosecutors shall be filled up through competitive examination by the Provincial Public Service Commission and all higher posts by promotion in accordance with the prescribed rules. The Provincial governments may frame rules specifying qualifications and other eligibility conditions for recruitment to all senior posts by Provincial Public Service Commission to meet the immediate needs. Minimum age of these appointments shall be so fixed as would not block the chances of promotion of directly recruited officers. All public prosecutors would be subjected to appropriate training course.

11. Functionaries in the existing prosecution set up shall be eligible to apply as per rules for the posts advertised by the Provincial Public Service Commission. Those selected by the Commission shall become part of the cadre along with directly recruited officers. Those who fail to get selected by the Commission shall continue to serve outside the cadre till they fade away.

12. The officers of the new prosecution service will perform the following functions:
(1) Study the file and scrutinise carefully the quality of investigation.
(2) Assess evidence for the success of case.
(3) Identity points that may require further clarification by securing additional evidence.
(4) Generally ensure completion of the investigator’s work.
(5) Prosecute cases in courts.
(6) File appeals/revision petitions.
(7) Withdraw with prior approval of the appropriate authority and in consultation with Director Public Prosecution cases in which prosecution is no longer in public interest.
(8) Withhold prosecution in cases of insufficient evidence in consultation with District Police Officer. In case of difference of opinion between the two, the matter shall be referred to Director Public Prosecutions for decision.
(9) Maintain a central record of prosecutions.
(10) There shall be a well-defined, elaborate and independent system of inspections, monitoring and evaluation of the prosecutions, particularly in all cases in which prosecution has been withheld for want of sufficient evidence.

CODE OF CONDUCT FOR POLICE OFFICERS

The following code of conduct, based on the UN code of conduct for law enforcement officials and befitting the redefined role, responsibilities and duties of police is proposed for inclusion in the Police Rules.
(a) The police must fulfil the duty imposed upon them by law in protecting all persons against illegal acts by manifesting high degree of responsibility required by their profession.
(b) The police shall in the performance of their duty, protect human dignity and maintain and uphold rights of all persons.
(c) The police may use force only when strictly necessary and to the extent required by the performance of their duties.
(d) Police shall not disclose any matters of confidential nature which are by law in their possession unless the performance of duty or the need of justice strictly requires otherwise.
(e) No police officer may inflict, instigate or tolerate any act of torture or other cruel, in-human, or degrading treatment or punishment nor any police officer may invoke superior order, state of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, in-human, or degrading treatment or punishment.
(f) Police officials shall reasonably ensure protection of the health of persons in their custody and in particular shall take immediate action to secure medical attention.
(g) Police officials shall not commit any act of corruption. They shall also rigorously oppose all such acts.
(h) The police shall respect the law and this code of conduct. They shall also to the best of their ability, prevent and oppose any violation of them.

POLICE WELFARE

Welfare measures in any organisation seek to provide effective motivation to its members to work with commitment and dedication. The importance of these measures in police assumes greater importance in view of their arduous and risky nature of duties.

2. The welfare aspect of police, however, has not received the attention it deserves. Even the essential requirements like provision of uniform and proper equipment are not met adequately by the Government. Similarly, the claims of TA/DA are not paid on time. There are no proper messing arrangements and the medical and educational facilities for the children of policemen practically do not exist.

3. This situation calls for an urgent and a multi dimensional remedial package. We are, however, dealing with a few major recommendations for the consideration of the Government:
(a) Pay and allowances
Pay and allowances of police personnel are not only inadequate but also at variance in different police forces. The Government of Punjab, in the recent past, gave an extra package of Rs. 1000/- per month to constables and head constables. It is recommended that this dispensation may be made applicable throughout the country and also allowed up to the rank of Inspector. A committee may also be set up to look into the entire pay structure of police. The committee should give its recommendations on basis of long duty hours, risk involved in police work, and provision of a decent living wage.
(b) Ration allowance
Ration allowance of police personnel needs to be brought at par with that of the civil armed forces and may, from time to time, be revised accordingly. A percentage of this allowance may be placed at the disposal of District Police Officer for feeding policemen on emergency duties.
(c) Compensation for Shaheeds
Since 1985 due to organised terrorism by ethnic and sectarian groups and activities of dangerous gangs of criminals, there has been a sharp rise in the loss of life of policemen in the line of duty. Their dependants deserve the attention of the State. We therefore, propose as follows:
(i) A sum of Rs. 500,000/- may be granted within three months to the legal heirs of the Shaheed. The funds for this purpose should be placed at the disposal of the Provincial Police Chief to facilitate early disbursement.
(ii) Shaheed’s next of kin may be recruited in a corresponding rank as per qualifications.
(iii) The Shaheed may be deemed to continue in service till the age of superannuation and his emoluments may be drawn by his legal heirs.
(iv) Group Insurance admissible to the families of Shaheeds may be enhanced and arrangements made for interim relief from the local regimental fund and the National Police Foundation.
(v) Free housing may be provided to the families of Shaheeds.
(d) Medical facilities
Proper medical facilities on the pattern of military hospitals may be provided countrywide.
(e) Educational facilities
Children of policemen are often neglected. It is proposed that quality schools be established in police lines by the government. Sufficient funds may be provided by the government from the education budget for this purpose. In addition, the National Police Foundation may be given the task to establish Police Cadet Colleges.
(f) Living accommodation
To bridge the gap between required and available living accommodation, it is recommended that a 10-year programme funded by the Federal government may be chalked out. For future increases in the force, it should be made mandatory for the government to provide adequate living accommodation.

AMENDMENTS IN LAWS

To give legal effect to the scheme of Devolution with particular reference to the implementation of the proposed police reforms, a number of legal amendments are required to be made in the existing laws. In this connection, following recommendations are proposed:

PROPOSED CONSTITUTIONAL CHANGES
2. Although police is a provincial subject, the Federal government remains involved in case of breakdown of law and order in the provinces as well as in matters of training and equipping of the provincial police forces. The role of the Federal government in matters pertaining to providing common services to the provinces concerning law and order is required to be formally streamlined. It is, therefore, proposed that the Police Act may be brought on the concurrent list of the Constitution.

POLICE ORDINANCE 2000
3. Since the outmoded Act of 1861 would no longer remain a valid enactment, a new Police Ordinance 2000 will need to be promulgated. The draft of this ordinance will be soon submitted for vetting by the Ministry of Law, Justice and Human Rights.

AMENDMENTS IN OTHER LAWS
4. Relevant amendments will also be made in the following laws and rules:
1) Code of Criminal Procedure
2) Pakistan Penal Code
3) Qanoon-e-Shahadat
4) Dramatic Performances Act, 1876
5) Explosives Act, 1884
6) Lunacy Act, 1912
7) Cinematograph Act, 1918
8) Poisons Act, 1919
9) Police (Incitement to Disaffection) Act, 1922
10) Official Secrets Act, 1923
11) Dangerous Drugs Act, 1930
12) Places of Public Amusement Act, 1930
13) Hoarding and Black Market Order, 1956
14) Public Order (political uniforms) Ordinance, 1958
15) West Pakistan Control of Orphanages Act, 1958
16) West Pakistan Control of Goondas Ordinance, 1959
17) West Pakistan Maintenance of Public Order Ordinance, 1960
18) West Pakistan Prohibition of Opium Smoking Ordinance, 1960
19) Probation of Offenders Ordinance, 1960
20) West Pakistan Moneylenders Ordinance, 1960
21) West Pakistan Prevention of Gambling Ordinance, 1961
22) West Pakistan Suppression of Prostitution Ordnance, 1961
23) West Pakistan Press and Publications Ordinance, 1963
24) The Censorship of Films Act, 1963
25) West Pakistan Arms Ordinance, 1965
26) West Pakistan Motor Vehicles Ordinance, 1965
27) The Prevention of Anti-National Activities Act, 1974
28) Police Rules 1934
29) West Pakistan Control of Goondas Rules, 1951
30) West Pakistan Probation of Offenders Rules, 1961
31) West Pakistan Public Order Detenu Rules, 1962
32) West Pakistan Cinematograph Rules, 1962
33) The Censorship of Films Rules, 1963
34) Any other laws/rules having a similar bearing on law and order

CONCLUSION

The subject of police reforms no longer brooks procrastination or postponement if the police department has to be put on an even keel for the delivery of efficient services to the public. However, the implementation process is inseparably tied to changes in the existing laws as well as the provision of adequate manpower and financial resources at all tiers, especially at the level of police stations. Without a realistic pay structure, adequate allowances, provision of accommodation, duty on the basis of eight-hour shift and a weekly off, and adoption of other welfare measures, the outcome of any structural reforms will remain elusive.

2. However, with proper implementation, these reforms will enable police to function in a new environment, free from the debilitating effects of more than a century old outmoded system of policing designed to control the “natives”. In the proposed arrangement, the head of the district police would be operationally independent, but accountable to the community. The investigation of criminal cases will be the responsibility of a distinct cadre of specialist investigators wearing a different uniform. The prosecution of criminal cases in courts will be handled by a separate and independent provincial prosecution service. The various Public Safety Commissions will make annual policing plans, and evaluate police performance for the delivery of targets, while also acting as “sounding boards for local opinion”. The independent Police Complaints Authority tasked to enquire into complaints of police excesses will lay the foundation of eventual transformation of police from a coercive arm to an accountable and responsive service enjoying confidence and trust of the people.

3. Guided by the Public Safety Commissions, the police will imbibe the requisite spirit for the dawn of a new era of policing based on the rule of law. In this context the observation of Lord Denning in Blackburn case in 1968 is highly significant:

I hold it be the duty of the Commissioner of police as it is of every chief constable to enforce the law of the land......... but in all these things he is not the servant of anyone save of the law itself. The responsibility of law enforcement lies on him. He is answerable to the law and to the law alone.

4. The police under the proposed arrangements will be “politically sensitive”, but without being politically involved. Similarly, the undesirable elements within the police and guilty of keeping the police politicking would be unsparingly punished for their misconduct.

5. Finally, the following excerpts from the informal talk of Quaid-e-Azam Muhammad Ali Jinnah to the Civil Officers at Government House Peshawar on 14th of April 1948 would constitute the most befitting end to this report.
I hope that each one of you will understand his own sphere of duty and responsibility and act with others harmoniously and in complete co-operation, keeping in mind that each has to do his duty within the sphere to which he belongs. If you on your side start with that determination and enthusiasm – and I hope the other side will also realise what a terrible evil they are raising up and how it demoralises the services to try and influence this department or that department, this officer or that officer – and if you will stick to your determination you will have done a great service to your nation. Putting pressure and influence on service people, I know, is a very common fault of politicians and those with influence in political parties, but I hope that you will now, from today, resolve and determine to act according to my humble advice that I am giving you.


POLICE EFFICIENCY AND DISCIPLINE RULES, 2000

[Gazette of Pakistan, Extraordinary Part¾, ¾January, 2000] No.¾¾¾¾¾ , dated ¾¾¾¾. In exercise of the powers conferred by Section_____ of the Police Ordinance, 2000, the Government of Pakistan are pleased to make the following rules, namely:
1. SHORT TITLE, EXTENT AND COMMENCEMENT
(1) These rules may be called “The Police Efficiency and Discipline Rules, 2000”.
(2) No police officer or civilian employee of a police organisation shall be departmentally punished otherwise than as provided in these Rules.
(3) These Rules shall apply to:-
(a) All ranks of the police/ civilian employees of police organisation
(b) Police officers/civilian employees of police organisation lent to other governments/organisations.
(c) Officers borrowed by police organisations from other governments/organisations.
(4) These Rules shall come into force at once.

2. DEFINITIONS
In these Rules, unless the context otherwise requires:
(a) “accused” means a police officer or a civilian employee of any rank who is to be proceeded against departmentally under the Rules;
(b) “Appeals Tribunal” means a tribunal established under Article 212 of the Constitution of the Islamic Republic of Pakistan by:
(i) The Federal Government in relation to PSP officers and other police/civilian employees of the police/law enforcement organisations of the federation.
(ii) The Provincial Government in relation to police/civilian employees of the provincial police forces.
(c) “Authorised Officer” means authority indicated as such in column 2 of the Schedule and competent to award one or more minor punishments as per Rules;
(d) “Authority” means authority indicated as such in column 3 of the Schedule and competent to award any punishment as per Rules;
(e) “misconduct” includes:
(i) conduct prejudicial to good order or discipline of the police/ law enforcement organisation.
(ii) conduct unbecoming of a police officer and a gentleman;
(iii) any commission or omission which violates any provisions of law or rules regulating the functions and duty of a police officer/civilian employee.
(iv) bringing or attempting to bring political or other extraneous influence directly or indirectly in respect of any matter relating to the appointment, promotion, transfer, award, punishment, leave, retirement or other conditions of service;
(v) deliberate and uncalled for acts or attempts to delay or frustrate any departmental proceedings.
(vi) acts covered under Sections ___of the Ordinance.
(f) “Punishment” means any punishment which may be imposed under the Rules;
(g) “Rules” means the Police Efficiency and Discipline Rules, 2000;
(h) “Ordinance” means The Police Ordinance 2000;
(i) “Schedule” means the schedule, inclusive of explanatory notes, annexed at the end of the Rules.

3. GROUNDS FOR PUNISHMENT
An accused officer may be awarded one or more punishments if in the opinion of the Authorised Officer or Authority, as the case may be, he:
(a) is inefficient or has ceased to be efficient;
(b) is guilty of misconduct;
(c) is corrupt, or may reasonably be considered to be corrupt because:
(i) he is, or any of his dependants is, in possession of pecuniary resources (for which he cannot reasonably account for) or of property disproportionate to his known sources of income;
(ii) he has assumed a style of living
beyond his ostensible means;
(iii) he has a reputation of being corrupt;

(d) is engaged, or is reasonably suspected of being engaged in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorised person, and his retention in service is therefore prejudicial to national security.

4. PUNISHMENTS
(1) Subject to these rules, the Authorised Officer or the Authority may award to the Accused Officer one or more of the following punishments in any proceedings under these Rules:
(2) (a) Minor Punishments:
(i) censure;
(ii) forfeiture of approved service up to 2 years;
(iii) withholding of promotion up to one year;
(iv) stoppage of increment for a period not exceeding 3 years without cumulative effect;
(v) fine not exceeding one month's pay;
(vi) in case of constables and head constables, confinement to quarter guard for a period not exceeding 15 days with or without extra drill;
(vii) Recovery of any loss caused to the Government.
(b) Major Punishments:
(i) reduction in rank;
(ii) compulsory retirement;
(iii) removal from service;
(iv) dismissal from service.
Provided that reversion from an officiating rank of the junior most officer(s) in that rank owing to non-availability of vacancy is not a punishment under these Rules.
(3) In this Rule:
(a) removal from service does not, but dismissal from service does, disqualify for future employment;
(b) removal or dismissal from service does not include discharge of a person
(i) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him;
(ii) appointed otherwise than under a contract to hold a temporary appointment, on the expiration of the period of appointment;
(iii) engaged under a contract, in accordance with the terms of the contract.

5. SUSPENSION ETC.
(1) The Authorised Officer may require an Accused Officer to proceed on leave or he may place him under suspension with the consent of the Authority for a period not exceeding three months, if his suspension is considered necessary or expedient on the following grounds:
(a) Where the Accused Officer is facing disciplinary proceedings on charges of misconduct ordinarily warranting award of a major punishment.
(b) Where the Accused Officer is involved in activities prejudicial to the interest and safety of the state.
(c) Where the Accused Officer obstructs the course of justice.
Provided that the Authority may suspend, reinstate or extend the period of forced leave or suspension for a period not exceeding another three months.

Provided further that the grounds of suspension shall be communicated to the suspended officer immediately but in no case later than 30 days of the issuance of the suspension order. If no such ground is communicated to him within the aforementioned period, the suspended officer shall stand automatically re-instated and the suspension order shall be treated as void abinitio.
(2) An Accused Officer while under suspension shall;
(a) unless he is especially allowed in writing in this regard, deposit his official weapons, ammunition and belt with the officer tasked to issue such items;
(b) in case he is of junior rank, attend all roll-calls;
(c) perform such duties as may be lawfully assigned to him by his superior officers;
(d) continue to be responsible to his next higher officer in respect of discipline as if he had not been suspended;
(e) be entitled to such emoluments and allowances as may be admissible, from time to time, to other government servants in similar situation;
(f) be put under surveillance, subject to orders of the authority, with or without escort, or his movements confined to the place of his duty.
(3) An Accused Officer while under suspension shall not be:
(a) issued any arms or ammunition during the period of his suspension;
(b) assigned duties that involve the exercise of any power or authority by him;
(c) subjected to any undue hardship.
(4) An Accused Officer while under suspension shall, if the allegations against him are not proved or when he is honourably acquitted, be paid all emoluments as per his entitlement, if not already paid, less the amount already drawn by him for the period of his suspension.

6. PRELIMINARY INQUIRY
(1) On receipt of information of misconduct the Authorised Officer shall forthwith order a preliminary inquiry and all evidence relevant to inquiry shall be collected and preserved by the Inquiry Officer appointed for the purpose:
Provided that the Inquiry Officer so appointed shall not be junior in rank to the officer complained against.
Provided further that the Accused Officer shall be apprised by the Inquiry Officer of the nature of the alleged misconduct and the substance of his explanation shall be recorded.
(2) The Inquiry Officer appointed under sub-rule (1) shall submit his report to the Authorised Officer within 7 days of his being so appointed.

7. ACTION ON PRELIMINARY INQUIRY REPORT
(1) If as a result of the preliminary inquiry, the Authorised Officer is satisfied that prima facie no case is made out against the Accused Officer, he shall close the matter under intimation to the Authority.
(2) If as a result of the preliminary inquiry, the Authorised Officer is satisfied that prima facie a case is made out, he shall, if in his opinion the misconduct has been such as to warrant minor punishment, award one or more minor punishments, after hearing the accused officer in person, and inform the Authority accordingly;
(3) If the Authority for reasons to be recorded in writing finds itself in disagreement with the course taken/recommended under sub-rule (1), or sub-rule (2), it may appoint a different Inquiry Officer for holding “further inquiry” into the matter.
Provided that the procedure for further inquiry shall be the same as for preliminary inquiry.
(4) If as a result of the preliminary inquiry or further inquiry the misconduct has been such as to warrant major punishment, the Authorised Officer shall recommend to the Authority that a regular departmental inquiry may be held against the Accused Officer.
Provided that for reasons to be recorded in writing, the Authority may decide not to hold a regular departmental enquiry.

8. PROCEDURE FOR A REGULAR DEPARTMENTAL INQUIRY
(1) Where the Authority decides to hold a regular departmental inquiry under Rule 7(4) the Authorised Officer shall appoint an Inquiry Officer who shall not be junior in rank to the Accused Officer.
(2) The Authorised Officer shall frame a charge and communicate along with the statement of allegations to the Accused Officer within 7 days of the receipt of the order of the Authority.
(3) The Accused Officer shall submit his reply to the charge within 15 days of the receipt of the said charge.
(4) The Inquiry Officer shall examine witnesses in presence of the Accused Officer and record their statements.
(5) The Accused Officer shall be given opportunity to cross-examine the witnesses and to make a statement.
(6) The Inquiry Officer shall, after examining all available evidence, prepare a report and submit it, along with an abstract of evidence, to the Authorised Officer within 60 days of his being so appointed.
(7) Where the Inquiry Officer is satisfied that the Accused Officer is hampering or attempting to hamper the progress of the inquiry, he shall administer a warning to the accused officer and if thereafter he is satisfied that the Accused Officer is acting in disregard of the warning in writing, he shall record a finding to that effect and proceed to complete the departmental inquiry ex-parte.
Provided that an Accused Officer called upon to answer a charge shall be given every reasonable opportunity of proving his innocence.
Provided further that the Inquiry Officer under these Rules may not follow the provisions of the Criminal Procedure Code or Evidence Act. He may admit any evidence which he considers relevant and may reject evidence that is irrelevant to the specific charge.
(8) In all departmental inquiries, a record shall be kept which shall contain:
(a) The charge along with the statement of allegations
(b) Reply of the Accused Officer to the charge
(c) Statements of witnesses
(d) Final defence of the Accused Officer in his personal hearing
(e) Recommendation of the Authorised Officer
(f) Order of the Authority
Provided that the record shall be paged and indexed.

9. APPOINTMENT OF A FRIEND
In cases where in the opinion of the Inquiry Officer an Accused Officer below the rank of a Sub-Inspector cannot put up his defence properly, the Inquiry Officer shall appoint a “friend” to appear along with him to assist and advise him but not to represent him. The friend so appointed shall be a serving officer at least of the rank of Sub-Inspector.
Provided that no officer appointed as friend shall appear as such in more than three departmental proceedings in a calendar year.

10. POWERS OF INQUIRY OFFICER
(1) For the purposes of departmental Inquiry under these Rules the Inquiry Officer shall have the powers of a court trying a suit under the Code of Civil Procedure 1908 in the following matters:
(a) summoning and enforcing attendance of any person
(b) requiring the discovery and production of documents
(c) Issuing Commission for the examination of witnesses or documents.
(2) The proceedings under these Rules shall be deemed to be judicial proceedings within the meaning of section 193 and 228 of the Pakistan Penal Code.
(3) Witnesses summoned in departmental proceedings shall be entitled to journey and other expenses as admissible to the court witnesses.

11. ACTION ON REGULAR DEPARTMENTAL INQUIRY REPORTS

(1) If as a result of the departmental inquiry, the Authorised Officer is satisfied that the misconduct of the Accused Officer has been such as to warrant minor punishment, he shall, after hearing the Accused Officer in person and for reasons to be recorded in writing, proceed to award one or more minor punishments as per Rules and inform the Authority accordingly.
(2) If no case is made out, the Authorised Officer shall order the proceedings to be dropped under intimation to the Authority.
(3) If the Authorised Officer is satisfied that in his opinion the conduct of the Accused Officer has been such as to warrant major punishment, he shall forward his recommendation in this regard, along with the relevant record, to the Authority.
(4) In case the Authority does not accept the recommendations of the Authorised Officer made under sub-rule (3), he may, after hearing the Accused Officer in person and for reasons to be recorded in writing, return the proceedings back to the Authorised Officer for awarding one or more minor punishments as per Rules.





12. WHEN SHOW CAUSE NOTICE TO BE GIVEN TO THE ACCUSED OFFICER

In case the Authority decides to accept the recommendation of the Authorised Officer made under rule 11(3), the Accused Officer shall be issued a Show Cause Notice and asked to appear before the Authority on a date specified in the order.
Provided that not less than seven days shall be allowed before the Accused Officer is required to appear before the Authority.

13. CONFIRMATION
Every major punishment awarded under these Rules shall be subject to confirmation by the Next Higher Authority as indicated in column 4 of the schedule.
Provided that the Next Higher Authority may for reasons to be recorded in writing and where appropriate, after hearing the Accused Officer, decide to confirm, annul, reduce or enhance any punishment.
Provided further where the Authority is the President, the Next Higher Authority shall also be the President.

14. REPRESENTATION BY ADVOCATES DISALLOWED
No advocate shall represent any party in any proceedings under these
Rules.

15. EFFECT OF ACQUITTAL BY COURT
(1) Acquittal by the court shall not affect any minor/major punishments that may have been awarded or may be awarded to the Accused Officer under these Rules.
(3) Conviction by the court for a period exceeding three months shall entail dismissal from service, unless it is set aside in appeal.


16. APPEAL
(1) An appeal shall lie within 15 days of the receipt of order to be appealed against except when reasonable cause is shown for the delay, a grace period of an other 15 days may be allowed to the appellant.
(2) There shall be only one appeal to the Authority against the award of a minor punishment other than the punishment specified in Rule 4(2) (a) (vi) when awarded after hearing the Accused Officer in the orderly room.
Provided that the appeal shall be submitted through the Authorised Officer.
(3) An appeal shall lie against the order of dismissal, removal from service, compulsory retirement and reduction in rank.
(4) An appeal under sub-rule (3) shall be to the Appeals Tribunal.
(5) An appeal shall be submitted in the form of a complete memorandum bearing all material facts relied upon by the appellant, along with a copy of the impugned order, but it shall not contain any disrespectful language.
(6) The Authority, or the Appeals Tribunal, as the case may be, shall pass final order on the appeal within 60 days of the appeal having been filed.
(7) An appeal may be withheld by the Authorised Officer if it does not comply with the provisions of sub-rule (5).
(8) In case an appeal is withheld under sub-rule (7), the appellant shall be informed accordingly together with the reasons thereof.
Provided that an appeal shall lie against an order of withholding the appeal.

17. CALLING FOR RECORD BY AUTHORITY
The Authority, the Next Higher Authority or the Appeals Tribunal may call for any information or document required for the disposal of an appeal/revision and may pass such order as it considers fit.



18. BAR OF APPEAL
No appeal to any court or tribunal exercising any jurisdiction, whatever, shall lie against any decision of an Authorised Officer/Authority/Next Higher Authority, save as provided in these Rules.

19. REPEAL
All disciplinary rules previously applicable to police officers/civilian employees of police/law enforcement organisation are hereby repealed but the repeal thereof shall not affect any action pending or any thing already done or suffered there under.

20. PROCEEDINGS UNDER THESE RULES NO BAR TO ANY CIVIL/CRIMINAL PROCEEDINGS
Proceedings under these rules shall be in addition to any civil/criminal proceedings that may be instituted against the accused officer in an ordinary court of law.
SCHEDULE
Accused Officer
Authorised Officer
Authority
Next Higher Authority
Constable/Head Constable/ Civilians in BS 1-7
ASP/DSP/Civilian officer in BS 17
District SP
DIG
ASI/SI/Civilians in
BS 8-14
Addl. SP
District SP
DIG
BS 15-16
District SP
DIG
IGP
BS 17/18 (Non PSP)
IGP
Chief Minister
Governor
BS 17/18 (PSP)
IGP
Prime Minister
President
BS 19/20/21/22
Prime Minister
President
President
Explanatory Note:
The ranks indicated in the schedule shall include equivalent ranks.

3 comments:

charles said...
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