LAHORE, April 11: The Punjab has demanded replacement of public safety commissions with powerful police complaints authorities (PCAs) besides seeking chief minister's control over police.
Official sources told Dawn that while making these demands, the province has agreed to give the status of secretary to the government to the provincial police officer (IGP).
It wants the PCAs at the district level, with suggestion that MNAs, MPAs and district Nazims may have representation on it for a proper check on police functioning. Another suggestion is to appoint a BS-20 officer as head of the provincial PCA secretariat.
Sources said the provincial government has made the offer and the demands while recommending amendments to the Police Order 2002, which the federal government and its National Reconstruction Bureau are improving in consultation with the provinces.
The provincial government is now anxiously awaiting an announcement by the president with regard to the amendments in the law which it wants to implement in full by August this year.
The law has not been implemented completely by all provinces due to various reasons. So far the Punjab is concerned it wants a clarification with regard to the superintendence of police because it thinks that under the constitution law and order is its responsibility.
It also thinks that the supervisory method suggested in the law in the shape of various bodies, mainly the public safety commissions, is complicated and has made police independent of all state checks. The sources said that the provincial government has agreed to delegate administrative and financial powers exercised by a secretary to the PPO.
The government has already given the powers of an ex-officio secretary to the PPO under the law, granting him full administrative and financial authority over his department.
The sources said while suggesting the elimination of the public safety commissions, the provincial government has demanded powers to post a police officer of the rank of the IGP as the PPO out of a panel of three officers recommended by the federal government.
It has also demanded authority to repatriate the PPO before the expiry of his tenure with the approval of the federal government. Another suggestion is that the federal government should withdraw the PPO in consultation with the provincial government.
The Punjab has further suggested that the PPO should post a city police officer for a city district in a general police area and DPO in a district within a general police area with the approval of the government. Approval of the government should be made compulsory for their transfer before the completion of their normal tenure of three years.
The Police Order under its present form provides that the panel of three officers for the selection of the PPO would be recommended by the National Safety Commission from a list provided by the federal government.
It makes the agreement of the provincial public safety commission for the premature transfer of the PPO mandatory. So far as the premature transfer of a CPO or DPO is concerned, it provides that it shall be made with the concurrence of the Zila Nazim and the district public safety commission.
ROLE OF NAZIM: The Punjab has maintained that the law and order is a provincial subject and its superintendence rests with it. Since the police department has not been devolved, district Nazims should have no role in its affairs. It says that the zila Nazim may write an annual report of the police officers in his district in manuscript form distinct from ACR.
SAFETY COMMISSIONS AND PCAS: It has proposed that the safety commissions be replaced with PCAs at provincial and district levels, maintaining that the revitalized complaint authorities as a single safety net would curb police excesses.
It says the provincial PCA shall consist of a chairperson and six members who shall be appointed by the government. The provincial PCA shall be responsible directly to the chief executive, make rules with his approval for the conduct of its operation and for the function of the district complaint authorities, and have its budget under a separate budgetary head.
The chief minister shall appoint the chairperson of the provincial complaints authority who shall also be its principal accounting officer. The term of office of the chairperson or a member shall be three years. No member or the chairperson shall be eligible for a third term.
It will take cognizance of all cases of police neglect, excesses, abuse of authority, and conduct against public interest on its own accord or on a report from a district police complaints authority, or on a complaint from an aggrieved person in writing on an affidavit, or on a reference from the government. It shall inquire into the complaints either at is own level or through officers authorized by it.
The PPCA secretariat shall be headed by an officer not below BS-20 who shall be appointed by the chief minister. The district committees would be responsible to the PPCA. Each committee shall comprise an MNA, two MPAs, Zila Nazim concerned and two eminent persons from the district. Except for the Nazim every member shall work for a term of three years.
The provincial PCA shall recommend to the provincial government repatriation of the PPO before the expiry of his tenure for reasons to be submitted in writing.
The law at present provides for a federal and a provincial police complaints authority. It says the chairperson of the provincial PCA shall be appointed by the governor and members by the government on the recommendation of the provincial public service commission. The law does not provide for any role of the Nazims, MNAs or MPAs in the PCAs.
Dear visitor, the comments section is undergoing an overhaul and will return soon.