What is hampering implementation of Police Order 2002

Islamabad : The Federal Government had approved to implement the Police Order 2002 in the Federal Capital Islamabad on 1st June, 2017 by the Law and Justice Division and the file was referred to five concerned top officers to review and recommendations.

The file was, finally, approved and properly approved by the five offices including the federal minister office and the minister signed the dossier and referred to the concerned quarters, while, the Federal Secretary Law and Justice Division, Rehmat Hussain Niazi and sent back to Mohammad Azam Warraich, the Legislative Advisor to the federal government, the documents disclosed.

But, the dossier, mysteriously disappeared from the system and was put out of sight by those who didn’t like promulgation of the Police Order 2002 to establish the police and deliver their duty to maintain law and order under the Police Commissionerate System without any pressure from the District Management Group (DMG) and now renamed as Pakistan Administrative Service (PAS), the sources said.

The dossier remained concealed for almost seven years (from 15th June, 2017 till now) to outwit the promulgation of the Police Order to keep the police force under the district administrative group.

The dossier remained put out of sight, says, “The Police order, 2002 (CE’s order No.22 of 2002) was promulgated when the Constitution was held in abeyance. The Police Order 2002 was validated by Article 270 AA through the Constitution (Seventeenth Amendment) Act, 2003 (III of 2003) and again it was protected by clause (2) of Article 270AA of the Constitution of Islamic Republic of Pakistan whereby all laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty first day of December, two thousand and three were declared to continue in force shall until altered, repealed or amended by the competent authority and competent authority in respect of laws is the appropriate legislature. The Police Order falls within the Provincial legislature field as held by the Supreme Court in a case reported as PLD 1985 SC 159 and the then Chief Justice of Pakistan speaking for the Court, held as follows:-

“l have not been able to assess the efficacy of Article 143 and Article 148 of the Constitution which were taken into consideration by the Tribunal for determining that the Police Act and the rules framed there under prevailed over the Punjab Civil Servants Act on the criterion that they were Central Acts, which is not correct as the Police Act is now a Provincial Act by reason of the subject — Police, being within the legislative competence of the Provincial Legislature. The alternate argument dealt with in paragraph 11 of the Tribunal’s order is also of no efficacy once it is held that the special law prevails over the later law of general application.”

The conclusion arrived at is that the Police Order 2002 is still a valid law to the extent of Islamabad Capital Territory and has come into force in the aforesaid territory on assumption of office by the Local Government.”

The need of the Police Order was aimed to reform the police force by emphasizing professionalism, accountability, and responsiveness to citizens.

Key provisions included separation of investigation and law enforcement functions, improved recruitment and training, and independent oversight mechanisms.

But, the implementation of the Police Order in the Islamabad Capital Territory seems to be just to keep the police force under the control of the DMG.

The binary criterion of implementation of law within the country is surprising as same law could not be put into practice all over the country but enforced only in the federal capital, despite, the orders of the higher courts in 2017. It was widely believed the higher echelons of power, especially, the Pakistan Administration Service (PAS) don’t want to share their authority to govern and control the system.