Shafaq Shamsa
Among all State departments in Pakistan, unfortunately Police has worst of the reputation. Its bad reputation owes to “Thana culture” that has transformed the Police stations into no-go areas for the ordinary people. It has been two decades since Chief Minister Punjab Shahbaz Sharif spoke out against Police inefficiency and vowed to transform it. Still there is little, if any change and “Thana culture” prevails. Corruption is rampant at the Police stations and torture is the way to force the innocent; guilty. Ruling elites are obsessed to appoint blue-eyed officers at key positions and misuse them in fulfillment of their political objectives.
Over the years, Punjab Police has caught the attention of the International Observers for its fake encounters and obsolete interrogation and investigation methods leading to murderous tortures. According to the 102-page report by the Human Rights Watch (HRW) titled “This Crooked System: Police Abuse and Reform in Pakistan”, over 2,000 people were killed in “encounters” with Police , mostly in Punjab during year 2015 alone. Most of these encounters were believed to be fake, as these had not taken place in situations in which lives were claimed to be at risk. Then, there are a number of cases of custodial deaths that took place during interrogation. Barring a very few exceptions, the victims were invariably from the marginalized sections of the society like refugees, hapless destitute, landless farmers and those from minorities. If quite a few Police officials are corrupt and ‘buy’ Police Stations of their choice, many others are under the political threat of transfer to far-off places.
The situation in Sindh is hardly any different. According to the HRW report, Sindh Police, too, is subservient to their political masters and appointments at key positions are a matter of choice instead of merit. Police officials facing cases in Courts are still serving with high handedness. Criminals manage to get release on parole and then escape without any accountability. It is this inefficiency and malpractices of Police, which led the government to induct Rangers more than a decade back in Karachi.
It is appalling to see the custodians of law are in fact the traditional wolf in sheep’s clothing. In addition, what a quirk of fate that the curse of using Police for political and personal security purposes tends to flourish in a democratic ambience. It is worth mentioning that about 1000 Police personnel in Lahore are deployed on protection of Raiwind houses besides many others are engaged on VVIP protocol and security duties. Perhaps for the sake of such practices that the successive political regimes dare not to replace the archaic Police Order till 2002. Prime Minister Nawaz Sharif did set up ‘Police councils to promote public relationship’ and ordered to build up 100 model Police stations. Unfortunately, the scheme largely stayed put on the drawing board and could not see the light of the day.
From the research, which incorporates input from policing and civil society experts, emerges a detailed picture of a repressive institution that functions as an extension of the power elite. The report examines the entire spectrum of the problem: the failure to register FIRs and investigate crimes, registering false cases, arbitrary arrest, custodial torture, mistreatment and fake encounters. What adds further depth to the report notwithstanding its surprising omission of Khyber Pakhtunkhwa in its scope is an exploration of the Police’s cavalier attitudes towards these practices, which illustrates the far-reaching institutional decay within the law-enforcement apparatus.
However, both the country’s Penal and Criminal Procedure Codes remain silent on the subject. Although the Police Order 2002 under which Punjab ostensibly functions stipulates sanctions for inflicting `Torture or Violence` on individuals in custody, a survey carried out in 2013 in Punjab found that nearly 55 percent accused; complained of torture in Police custody. That is because in practice, the legislation under which the provincial Police forces with the exception of KPK function, or draw inspiration from, is the archaic, colonial-era Police Act 1861.
Power without accountability or proper training and resources is a perfect storm. Moreover, in the prevailing climate, security considerations in which the Police have been allowed to trump not only the fundamental rights of citizens with total impunity but also the country’s international commitments. Pakistan ratified the United Nations Convention against Torture in 2010, which makes it binding upon the country to enact laws in accordance with its provisions. Legislation to address these shortcomings and reduce political interference in appointments and postings of Police personnel must go hand in hand with comprehensive reforms in the criminal justice system. Otherwise, coercive measures to extract confessions/ information or murderous `encounters` to neutralise anyone deemed inconvenient for whatever reason, will always seem the easy way out.
