LAHORE: The Lahore High Court has expressed concern over non-establishment of the “Police Complaints Authority” in Punjab despite a lapse of two decades since the promulgation of Police Order 2002 and ordered the provincial government to set up the authority within six months.

Justice Amjad Rafiq took notice of the failure of the past governments to establish the authority while hearing a petition against an order of a justice of peace about change of investigation in a fraud case.

On a court direction, an assistant district public prosecutor verified from the police authorities that to date no complaints authority had been established in the province.

The judge observed that in the situation when after almost 21 years of the promulgation of Police Order, 2002, no effort has been made to establish the police complaints authority, “the provincial government is directed to establish Provincial Police Complaints Authority in accordance with the mandate of Articles 103, 104 and 105 of the Police Order, 2002 as early as possible, but not later than six months.”

The complaints authority, independent in nature by its composition as per Article 104 of the Police Order, 2002, shall consist of a chairperson and six members. The governor shall appoint the chairperson of the authority, whereas its members will be appointed on the recommendation of the Provincial Public Service Commission.

The judge ruled that establishment of the authority is essential for running the system smoothly and in accordance with the prevailing law. “Even otherwise, it is trite that when a statute describes or requires a thing to be done in a particular manner, it should be done in that manner or not at all,” the judge added.

Justice Rafiq noted that if a complaint of neglect, failure or excess committed by any police officer/official is received by the ex-officio justice of peace, he/she can simply pass it to the district police officer concerned for placing it before the Police Complaints Authority, that is authorised to channelise it as per the law.

He said the ex-officio justice of peace can also direct the aggrieved person to approach the police authority by filing an application and further course of action shall be taken care of by the said authority under the law.

Published in Dawn, July 9th, 2023