Experts find flaws in new police law ISLAMABAD, Aug 12: The Police (Amendment) Order 2001, passed on late Sunday evening, does not resonate with the devolution and decentralization policy of the government as it concentrates executive, magisterial and municipal powers in the hands of police officers, legal experts said. Talking to Dawn, Advocate Niaz A Shah Kakakhel said that in the case of Police Amendment Order 2001 the federation is encroaching upon the constitutionally granted power of the provinces by dealing with the law and order subject and encroaching upon provincial autonomy. "The Police Act 1861 is a provincial statute as once a provincial government adopts the Act by an order in the official gazette, only it has the power to withdraw it." Sources said that all the four provincial governments had objected to the promulgation of the Police Ordinance as proposed by the National Reconstruction Bureau. On refusal to promulgate the provincial Ordinances before Aug 14, the Centre was forced to issue an Order to give legal cover to the role of the police in the newly elected local government. Legal experts said that Section 15 of the Police Order 2001, which confers magisterial powers on the police officials, violates the principle of separation of executive and judiciary as enshrined in the Constitution. Sources said that the Police (Amendment) Order 2001 creates an imbalance between responsibility and authority of provincial government by making the district police officer responsible to the Zila Nazim under section 5. "The new police order will preclude the provincial government from carrying out its primary duty of maintenance of law and order by reducing its role to resolution of disputes between the Zila Nazim and the provincial government under clause 3 of section 5 of the Police Order 2001, sources added. Concentrating unbridled authority in the hands of a police official, the Order under section 33 (m), gives the police power to regulate the movement of persons. This is in direct contravention to the freedom of movement guaranteed by the Constitution, a legal expert said. Section 33 (h) of the Police Order 2001 vests regulatory municipal powers in the police concerning the use of graveyards and their timings. The district superintendent, under Section 33 has also been empowered to make rules or orders pertaining to municipal functions concerning closure of streets, "regulating the leading, driving, conducting or conveying of any "elephant" or wild or dangerous animal through a street," making rules for obeying the calls of nature etc. The capital cities and district police commissions as created under the Police Order 2001 do not even have the power to recommend the appointments of city police chiefs or district police chiefs. The commissions have not been given powers to monitor the day to day functioning of the police. The daily working of police requires a constant civilian check to provide effective remedy at the spot, but no such mechanism is envisaged by the Police Order 2001. For example, the commission cannot secure the release of a person kept in illegal custody. In fact, the members have no power to visit the police stations. Experts feared that the commissions would not be able to exercise civilian control over police because they are only advisory bodies having no meaningful powers to initiate inquiry or power to transfer a police officer of any rank. The commissions, as formed under the Order 2001, do not have daily monitoring system nor judicial, executive or financial control over the police department, they added. Dawn.com By M. Arshad Sharif 13.8.01

Sweeping powers given to police: President amends law ISLAMABAD, Aug 12: President Gen Pervez Musharraf on Sunday amended Police Act of 1861, giving sweeping powers to the police system being introduced with the establishment of district governments in the country. An order called 'Police (Amendment) Order 2001,' was issued late on Sunday night by President Gen Pervez Musharraf in his capacity as the chief executive and in exercise of the authority assumed by him under Provisional Constitutional Order of 1861. An official involved in the formulation of police reforms said the order had covered only few areas related to introduction of Zila Nazims and District Public Safety Commissions and a detailed ordinance would be issued within a month. The official seeking anonymity, said these amendments were approved at a recent meeting presided over by the President. When asked whether the objections raised by the provincial governments had been addressed, he replied in the affirmative. The police ordinance had been delayed because of the apprehensions expressed by the provincial governments. The federal government decided to introduce the required amendments before the swearing in of the newly-elected Zila Nazims and Naib Nazims, he said. On a question whether an act can be amended through an executive order, he said under the provisional constitutional order it could be done. The order provided for the setting up of District Public Safety Commissions in every district and Capital City District Public Safety Commission at every provincial headquarters. The PSCs would be set up through a notification by the provincial governments in their respective provinces and it will consist of eight, ten or twelve members depending upon the size of the district. Half of the members of the commission shall be elected by the Zila Council from its councillors and the other half, to be called independent members, will be nominated by the chief executive of the province. Women have also been given representation on the PSCs as well as on capital city commissions. The order says: "As far as practicable, one-third of both the elected and the independent members of the commission shall be women." There will be a separate panel of selectors at district level and at capital city level for the selection of independent members to their respective commissions. The capital city selection panel will be headed by the Chief Justice of the respective High Court and district level selection panel will be headed by a sessions judge. The selection panel will have two other members - a nominee each of the chief executive of the province and Zila Nazim for suggesting name of independent members. Any elected member or public servant, or a political party worker, have been debarred from getting appointed as independent member of PSCs. A comprehensive selection procedure for independent members of PSCs has been sketched in the order. The district selection panel will invite applications and desirous candidates will be interviewed. The Capital City District Public Safety Commission will consist of 12 members. Till the election of provincial assemblies, six independent members of the capital city commission will be appointed by the provincial chief executive. Three members will be elected from respective Zila Council and three from the provincial assembly. It also spelt out the function of the proposed district PSCs. The PSCs at district level will set a procedure for the DSP to report against any unlawful or motivated order from any authority received by him or any officer subordinate to him. The PSCs will also prepare policing plan and evaluate the "delivery of performance targets on quarterly basis and send half-yearly reports to all relevant authorities." The blanket power vested in the police force included acquiring of any unclaimed property. "It shall be the duty of every police office to take charge of all unclaimed property and to furnish an inventory to the district superintendent of police who shall send a copy of the inventory to the district public safety commission." The order also defined the relationship between the superintendent of police (SP) and Zila Nazim. The district superintendent of police would be responsible to the Zila Nazim. However, in case of any difference the SP can consult district public safety commission whose order would prevail. A provision has been made for employing of additional police officers for specific areas on request of any citizen. In case of such a request, the cost involved for raising additional force would be borne by the requesting party. Dawn.com By Faraz Hashmi 13.8.01