Sindh government last week took a ‘big U-turn’ on its 2013 decision to revive Police Order, 2002, which once they dumped as the law of the military dictator Gen Pervez Musharraf (retd) and replaced it with draconian Police Act, 1861.The question is why this sudden change of heart on part of the PPP-led provincial government? An interesting development is expected when the matter will come up before the Supreme Court next week. Police Order, 2002, considered by many opinion-makers, ex-IGPs and bureaucrats as by far the best police law but the successive federal and provincial governments often avoid implementing the law in letter and spirit because of strict check and balance. While the law was somewhat modified and implemented in Khyber Pakhtunkhwa, under ex-IGP Nasir Durrani, the Punjab government despite having the abovementioned law avoided implementing it as per requirement. Even the present PTI government in Punjab was also reluctant to enforcing it.Sindh case is most interesting. When the PPP retained its position in 2013 elections, the top party leadership decided to replace both Police Order, 2002 and Local Government Act, 2001, termed both laws of the dictator, though generally both looked quite reasonable and practical.The Police Order, 2002 has three tiers of powers. It has National Public Safety Commission, at the federal level. Its power confined as far as transfer and posting of IGPs were concerned and in case of his transfer before completion of the tenure assess the reasoning behind it. The provincial governments were also supposed to form provincial public safety commission, comprising equal members of government and Opposition.Then under the Police Order, each province would also have high-powered complaint authority headed by chief justices of high courts and would also comprise members from civil society, which must also have representation from women.Sources said after Sindh government decided to revive Police Order, 2002, the Sindh police decided to contest it in the light of the court order, which had deprived provincial government interference in police affairs particularly its role in transfer and positing. Provincial government wants to regain its control on the same pattern as the law followed in Punjab, where in violation of Police Order, 2002, the Punjab government transferred the IGP three times in nine months and they had not constituted any provincial safety commission as well.Sources said the PPP government is confident that the court would accept its plea as they are ready to revive Police Order, 2002 as per its understanding of the court order. The sitting IGP Sindh Kaleem Imam last week appeared before the Sindh Assembly select committee and contested that the transfer and posting should remain under the domain of IGP, who stands accountable to the government. Police believe that there is a clear procedure laid down in the law and for the first time police is completely depoliticised in Sindh in the last two years.However, all this led to tension between the government and police and the latter came under strong criticism from none other than the Chief Minister Murad Ali Shah on more than one occasion. It will be interesting to see whether the Sindh government before the next hearing in the court would also constitute Public Safety Commission or would wait for court order. Sindh government has a point when it pleaded that it is the political leadership which often was made ‘accountable’ in case law and order deteriorated. So they must have the power of ‘transfer and positing’ in consultation with IGP. But senior police officers fear that chances are that it would open the gate for transfer and postings on political consideration.The case is likely to come up for hearing on May 17 or 18, and the court may see the change of heart from the Sindh government on Police Order, 2002 in the light of its decision, which had completely empowered IGP, but accepted government plea to frame new police laws.The writer is a senior columnist and analyst of Geo, The News and JangTwitter: @MazharAbbasGEO
from The News International - National http://bit.ly/2HeUmXG
0 comments:
Post a Comment