Daily Times

Whether it was functioning under Police Act 1861 or the Police Order 2002 the police in Sindh remained highly politicized, used as a tool by successive PPP governments mostly for either giving cover to criminal activity or carrying out criminal activity themselves PPP(and for quite some time doing along with the MQM with respect to Karachi, Hyderabad, Mirpurkhas and Sukkur). The political parties recruited their political workers and relatives of parliamentarians and politically connected persons from constable to Deputy Superintendents of Police (DSPs). Handpicking the heads of their district police through their political clout, feudal lords ruled their areas as fiefdoms, suppressing all types of dissent and opposition. Resources like state land, forests and other natural resources were plundered because of criminalised state power acting on behalf both directly and indirectly on behalf of the looters. Bad governance of the worst kind is prevailing in the province, this was certainly cut back considerably after the AD Khawaja case when the Sindh Police was freed from the tutelage of politicians, their associates and the bureaucrats who collaborated with them.

With target killings, extortion, land grabbing, terrorism and other crimes becoming the order of the day, Karachi was declared the 6thmost dangerous city in the world. A Constitution Petition No. D-7097 of 2016 was filed by the Civil Society because Police became helpless due to excessive political interference and control. In its judgment of September 7th, 2017 the High Court Sindh (Sindh HC) ruled in favour of operational autonomy of police in this judgment eliminated the undue political interference of the Chief Minister and his ministers in administrative domain of Sindh Police. This upset the PPP Govt which has since been trying to regain its authority to control and use the police department for their political and personal motives. No wonder they desperately want to revive Police Order 2002 without incorporating the judgments of the Superior Courts. For this they are prepared to go to any lengths.

The significant points of the judgment of the Sindh HC for redressing the situation, include autonomy of command and independence of operation in the police force with the Inspector General (IG)having control over postings and transfers (but certainly not limited to that). Any outside interference by anybody (including any minister of any rank) must come to an end. To regulate powers of “Transfer/Postings” of senior Police officers the Sindh HC ordered that the IG Sindh had to frame within 30 days draft rules that be transparent in form and reality, and fair in operation so as to affect how to exercise the power of transfers and postings in the police force at all levels (including PSP officers serving in the Province). This would ensure autonomy of command and independence of operation set out the period or term ordinarily to be served at any level/post to ensure that the rules laid down by the Supreme Court in the “AnitaTurab” case.

With de-politicisation of Sindh Police visible improvement had been achieved, Karachi dropped from 6th most dangerous city to 70th in ranking, a remarkable achievement by any standards in a short span. The murder rate in entire Sindh declined by 70% when compared to 2013. The discipline of the police force and its internal accountability improved considerably when the officers started looking up to their professional commanders rather than political heavy weights

The IG drafted the Rules and submitted it tothe Sindh govt for notifying the Rules. The Sindh govt has been delaying notification of the proposed Rules for last 18months.The judgment of the Honorable High Court was appealed by the Sindh Govt in the Supreme Court (SC).Dismissing the appeals the SC directed that the Sindh Province shall be entitled to make new laws conforming with the modern needs and also keeping in view the observations made in the impugned judgment. Subsequently, in its short order the SC affirmed the impugned judgment of the Sindh HC in particular with reference to the autonomy of command and independence of operation of the Police Force governed by the Police Act, 1861. The Sindh Govt filed a Review to the SC, this is pending. To avoid framing the Rules prepared by the IG Police in compliance of the Judgments of the superior courts, Sindh Govt has decided to revive Police Order 2002 where the transfer and posting powers pertaining to senior police officers rests with the Chief Minister.

With de-politicisation of Sindh Police visible improvement had been achieved, Karachi dropped from 6th most dangerous city to 70th in ranking, a remarkable achievement by any standards in a short span. The murder rate in entire Sindh declined by 70% when compared to 2013. The discipline of the police force and its internal accountability improved considerably when the officers started looking up to their professional commanders rather than political heavy weights. The crime rate has also significantly reduced in all major heads across Sindh in comparison to corresponding period after the superior courts judgment

To improve the deplorable police culture & infrastructure, initiatives were taken in the large interest of both general public and policing, these include (1) improving the Police Image Facilitation Centers are established at each Range and District level and (2) Revamping of Special Branch(i) Establishment of Data Center and (ii) Up-gradation of BDU & Canine Unit. (3) two National Level workshops arranged by Sindh Police (4) Strategic Workshop “Retreat” was conducted to know where current policing is standing and way forward and (5) Workshop by Special Branch on “Intelligence Based Policing” (Challenges & Prospects)was done to discuss the issues/challenges and to find out the way forward.

IT initiatives include (a)Individual Record Authentication Services (b) Human Resource Management Information System (HRMIS) (c) Criminal Record Management System (CRMS) (d) Police Station Record Management System (PSRMS) (e) IGP’s Complaint Management System (CMS) (f) Hotel Eye Management System (HEMS) (g) Resource Management System (RMS) (h) Criminal Record Identification (CRI). Complaint Redressal Mechanism include (a) Internal Affairs Branch (IAB) established for internal accountability of police (b) Establishment of Complaint Redressal Mechanism System in all Ranges & Districts of Sindh.

Enhancing Human Resources includes (a) Meritorious Recruitment (26,639 constables)(b) Raising of Special Protection Unit (SPU) (Ex-Army Personnel recruited) (c) Long due promotions from Inspector to DSPs (288 Inspectors promoted to DSP). Other Initiatives include (a) Establishment of School of Intelligence & Investigation (b) Establishment of School of Telecommunication (c) Decentralization of Powers i.e. Post of Addl. IGP Traffic & Addl. IGP Sindh has been re-designed as Addl. IGP Hyderabad & Addl. IGP Sukkur. Among the further Initiatives in the pipeline are (a) Up-gradation & improvement of Police Hospitals, establishment of new police hospital at Sukkur(b) Proposal for Impressed Money investigation in budget.

No major incident of terrorism has taken place in the entire province; all the mega events from Muharram processions to PSL matches were handled professionally and peacefully. The highways have become safe and kidnappings have been brought under control. Karachi has become a business friendly city as far as security of businesses (and personnel thereof) is concerned. Reversing this trend will be a terrible mistake which the people of the province cannot afford.

The revival of Police Order 2002 does not absolve the provincial government of its responsibility from framing transfer, posting rules as ordered by the Sindh HC, for autonomy of command and independent operations of the Sindh Police to be exercised by the IGP Sindh, these include the powers of transfer/posting of senior officers. This would wise amount to committing contempt of the Court. If not amended the Articles of the Police Order 2002 will be in conflict with the HC judgment and will not be able to withstand judicial scrutiny when challenged at the competent forums.

Police is a disciplined organization and unity of command is crucial for its efficient working. The law-abiding citizens of the province have the right to have an impartial, professional and depoliticized police service. A long struggle by civil society and intervention of the superior courts to reform have brought Sindh police back to the level it is there today. The police reforms have just begun to take effect and if the vested interest succeeds in getting control of this department through a manipulated legislation aimed at evading the judgments of the superior courts; it will be a bad omen for all the citizens and their quest for the rule of law in the province. There has been some visible progress in decriminalizing governance. Do we want Karachi and Sindh to return to the bad old days when criminals functioned with impunity in the name of justice?

The writer is a defence and security analyst