Failure to form DPSC has overburdened courts: LHC CJ

LAHORE

Showing concern over the non-implementation of certain provisions of Police Order 2002, the Lahore High Court Chief Justice remarked that failure to constitute the District Public Safety Commission (DPSC) has overburdened courts with petitions against police, particularly for registration of cases under Sections 22-A & B of CrPC. 

The chief justice issued notices to the federal and provincial governments on a public interest writ petition filed by Muhammad Abdul Razzaq and Advocate Aitzaz Aslam Chaudhry, through their counsel Advocate Saad Rasool, challenging the non-implementation of certain provisions of Police Order 2002, including the provisions concerning the appointments of IGPs and CCPOs. 

Under the police order, the relevant Public Safety Commissions are empowered to take up issues against police highhandedness, non-registration of cases, or malpractices; 30 percent burden of courts would have been reduced if the Public Safety Commissions were constituted and made functional, in accordance with the relevant provisions of the Police Order, 2002, the court observed. 

The petitioner’s counsel, Saad Rasool, argued that appointments of IGPs and CCPOs should be made on the recommendations of the duly constituted and functional National Public Safety Commission; however, the same has never been properly constituted since the promulgation of police order in 2002. 

He pointed out that Provincial Public Safety Commission (PPSC) is led by a chairperson and comprises 12 members. Of them, six are to be selected by the Punjab Assembly Speaker among the assembly members—three each from treasury and opposition benches. The rest of the six members would be selected among the common citizens by a selection panel headed by Chief Justice of Lahore High Court.

The counsel further contended that the Police Order 2002 envisaged that IGPs, CCPOs or DPOs must not be transferred before the expiry of their term i.e. a period of three years and in case transfer is to be made before three years, the same would be done by PPSC through a speaking order, after affording an opportunity of personal hearing to the officer concerned. However, no such procedure had ever been followed in transfer of police highups as four IGPs have been transferred since 2013, with average tenure of nine months. Similarly, eight CCPOs have been changed in Lahore alone in last three years. Saad Rasool, legal counsel for the petitioners, also pointed out that under the law, District Investigation Branch should have been established in each district in order to separate it from the police station or supervision of Station House Officer (SHO). The investigation will be carried out independent of SHO and investigation officer will work under the head of DIB only. Unfortunately, DIB has been notified in five districts of Punjab out of a total of 36. 

Thereafter, the chief justice directed the advocate general to look into it as it is a serious matter. Moreover, the chief justice remarked that appointments of IGPs and CCPOs should be done through the relevant public safety commissions, per the relevant provisions of the applicable law; however, the relevant public safety commissions have never been duly constituted.  

After hearing the preliminary arguments, the chief justice issued notices to the respondents and sought replies by 30th of March. The court also appointed senior lawyer, Asma Jahangir, as amicus curiae in the petition.