THE disease of ‘encounters’, or extra-judicial killings, by members of the police, security or armed forces is at least half a century old, but has now assumed epidemic proportions. In Karachi, the recent staged encounter of Naqib Ulllah Mehsud has turned the eyes of the people, and has generated public debate.
Contrary to common misconception, police is not the only force that needs to be held accountable for this hotchpotch; flawed criminal laws and public prosecutors also deserve some blame.
Crimes are defined by Pakistan Penal Code (PPC), and the most disputatious chapters of the code are mainly two: General Exception and Blasphemy laws.
Section 100 and 103, under the chapter of general exceptions; enumerate the circumstances in which a person can cause death of a person in self-defence and in the defense of property. The right to cause death, under the sections, have granted very vast jurisdiction without any visible strict criteria, restrictions, conditions, or circumstances. In the encounter cases, mostly police officers take refuge in these sections, an easy way to justify their illegal committed crime.
So the real cause of the encounters is the lack of restrictions on general exception cases. Its need of the hour that strict restrictions are imposed on these two sections of self-defence and their scope are narrowed.
Pakistan Criminal Procedure Code (CRPC) and Police Orders also lack details about investigation in encounter cases. Usually, investigation in encounter cases is either conducted by the same alleged officer himself or at best by his loyal colleagues. How can we expect a person to be fair in investigation against himself or his colleague? It’s time to extend the jurisdiction of justice of peace—administrative duty of a judge— to do an investigation in encounter cases under Sections 22A and B of CRPC. The investigation conducted by the justice of peace will be accurate and will also serve purpose of the law and justice.
Furthermore, specific punishment for extra judicial killing is also absent in Pakistan criminal substantial laws. Section 29 of the Police Act says that a police officer, who is being guilty of any violation of any duty shall be liable to 3-months imprisonment besides being proceeded against departmentally. The punishment is not sufficient and is specified for very minute kinds of crimes.
To control over the extra judicial killing, it’s direly needed to bring an amendment to the existing Pakistan Penal Code or to pass a new Act from parliament. Punishment for the encounter shall be equal to punishment for Qatl e Amad-punishment with death as a qisas or punishment with death or imprisonment for life as tazir and expulsion from service.
Most extra judicial killings are committed by police officers of low rank such as SHOs or officers with even lower ranks. The question, why are mostly low level officers involved in this practice. The cause is clear-lack of awareness about their legal duty. Many of these officers haven’t even matriculated; they don’t know the critical nature of their job and cannot appreciate human dignity and other fundamental rights
The extra judicial killing is virtually committed by police officers of low rank i.e SHO or officer below than SHO in rank. The question, why the officers at the low level are involved in extra judicial killing is what will lead to a clear picture of the situation. The cause is clear-lack of awareness about their legal duty. Mostly, officers are hardly matric; they don’t know the critical nature of their job and cannot appreciate human dignity and other fundamental rights. The only thing they know is how to exert power, regardless of when, where and how. Their greed for material wealth, penchant for gaming, political, ethnic and religious loyalties and warlord-ism are on the top of it.
It is about time to rein-in the officer to protect the citizen from the menace of encounter killing. Firstly, the district police officer should arrange seminars, in every district head quarter of police, on human rights with the collaboration of competent human rights lawyers. Beside this, they should also implement Police Order in letter in spirit. It will educate the officers about importance of human rights as well as about nature and limitations of their job.
Secondly, criteria for new recruitment, in police department, from 9 to 16 scales shall be Bachelor in law. Law students know very well what is permitted and prohibited by law. He has also knowledge about different criminal laws including human rights.
In criminal justice system, Public Prosecutor is considered as an agent of justice.The prosecutor must be impartial, fair and truthful. The duty of the Public Prosecutor is to represent the State and to place before the court whatever evidence is in the possession of the prosecution.It is the Public Prosecutors duty to present the truth before the court. The situation is different in Pakistan. Mostly, Prosecutors stand by the side of Police or accused because of corruption. They do not defend the state rather do it’s opposite.
So countering of the police encounter is not easy it will take almost complete overhaul of justice system.
The writer is a law student at the Islamia College University, Peshawar, and can be reached at [email protected]. He tweets @ziaullahkh7199
Published in Daily Times, March 19th 2018.