KP government fails to constitute bodies for police accountability

PESHAWAR: The Khyber Pakhtunkhwa government during its nearly five-year term failed to constitute the much-discussed Public Safety Commission and the Regional Complaint Authority in most districts of the province

for the accountability of the police force through independent bodies.

“There were a number of differences between various groups in the bureaucracy on the formation and functions of the district public safety commissions from day one,” a source told The News.

The differences not only delayed the formation of the bodies but also proved a major hurdle in implementation of the Police Act 2017 in letter and spirit.  

The source pointed out that the Public Safety Commission was formed in a few districts only. The remaining districts are functioning without these commissions, which are supposed to perform as accountability forums at the provincial and district level. The same is the case with the Regional Complaint Authority that was supposed to be set up at the divisional level.

The source said the main hurdle in the formation of the Public Safety Commission in the districts is the appointment of the secretary.

“One group in the bureaucracy believes the secretary of the Public Safety Commission at the district level should be from the district administration while the other group wants him to be hired on contract by a scrutiny committee. The disagreement has delayed the formation of the commissions for the last many months,” the source added.

The Public Safety Commission at the provincial and district level and the Police Complaint Authority at the regional level are to make police accountable to lawmakers and independent members from civil society selected by scrutiny committees.

According to the Police Act 2017, the Provincial Public Safety Commission would comprise of four members of the Khyber Pakhtunkhwa Assembly to be nominated by the speaker, two each from treasury and opposition benches, advocate general as ex-officio and eight independent members.

The independent members would include at least one retired judge of the high court, an officer from army of the rank of at least major general, a retired police officer, one ex-civil servant of at least grade-21 and four members of the civil society.

“The Capital City Public Safety Commission would have 15 members with six members from the district council and nine independent members, including representatives of women,” the source added.

The District Public Safety Commission would have13 members.

Under the Act, the Regional Complaint Authority to be set up at the divisional level would have three members, including one member from the judiciary, a retired government officer of at least grade-21 and a professional with at least 20 years of experience in his/her field.

The Public Safety and Police Complaint Commissions were first formed in August 2003 under article 73 and 74 of the Police Order 2002. However, these mostly remained dormant and could not deliver accordingly.

Under the Police Order 2002, the Provincial Public Safety and Police Complaints Commission used to have six parliamentarians including 2 females and six independent members (also included two women).

The District Public Safety and Police Complaints Commission as per Article 38 of Police Order 2002 used to have three lawmakers, including a female member and an independent along with a representative of the district assembly.