Govt drafts Sindh Police Act 2018 to be tabled in PA soon

The Sindh government has made yet another move to amend the Police Act and has drafted a bill called Sindh Police Act 2018, which it intends to table in the provincial assembly in the coming days.

The bill, a copy of which is available with The News, stresses on importance of a maintaining a professional, trained, skilled and dedicated police force to protect the lives, property, freedom, dignity and rights of the people of Sindh.

“It is necessary to have a Police system which functions in consonance with the modern democratic society and maintains public harmony with law and order,” it states. “In order to maintain effective internal discipline, achieve high performance standards and ensure across the board service delivery, it is expedient to give autonomy to Police charged with the preservation of public order, the promotion of public safety, the prevention and detection of crime.”

The bill also envisages the computerisation of FIRs and the establishment of a Crime Statistics Analysis and Research Wing to overcome the menace of street crime and other heinous crimes.

Department setup

As per the draft bill, the government shall establish, constitute and maintain a police force known as the Sindh Police, which shall consist of junior and senior ranking officers along with such civil posts that the government, upon advice of the Inspector General of Police, may determine from time to time.

The Sindh Police, headed by the IGP, will be headquartered in Karachi in a Central Police Office and organised in regions, zones, districts and branches. In addition, a Crime Statistics Analysis and Research Wing headed by an officer not below the rank of DIGP would also be established. The wing would record all incidents of crime in the province, highlight progress in crime prevention, status of cases, investigations and quantify convictions recorded and compile any other relevant data.

It would also conduct studies on issues having an impact on police functioning and performance as well as make recommendations to a Monitoring and Coordination Authority keeping in mind latest technologies successfully introduced by other police organisations within the country or abroad and assessing the adoption or otherwise of such technologies by the police.

Moreover, the Sindh Police would have the following branches: Watch and Ward Branch, Investigation Branch, Legal Branch, Women Police Branch, Intelligence Branch, Traffic Branch, Reserve Police Branch, Transport Branch, Telecommunication and Information Technology, Finance and Accounts Branch, and Training and Research Branch. Meanwhile, all officers of and above the rank of DSP shall be placed in a separate branch to be known as the Supervisory Branch.

Home department authority

According to the draft, the Home department for the sake of administrative and operational expediency may issue notifications to divide Districts into “Police Subdivisions” and “Police Stations” and “Women Police Stations”; subdivide the Police Stations into Police Posts; and define the limits and extent of such Police Subdivisions, Police Stations, Women Police Stations and Police Posts. However, the limits and extent of such police stations and police post should remain as contiguous as possible with the limits of the revenue subdivisions, revenue talukas and union councils or union committees, respectively.

Furthermore, a subdivision shall be headed by an officer not below the rank of assistant or deputy superintendent, while a police station and women’s police station shall be headed by two officers of the rank of inspector of BPS-16 serving in 12-hour shifts.

Policeman’s duties

Elaborating the functions of police officers, the draft bill states that they would be responsible to enforce the law impartially; to protect the life, liberty, property, human rights and dignity of all persons in accordance with the law; to protect the internal security of the province and act vigilantly against extremist activities, communal violence, insurgency, terrorism, etc; to promote and protect arrangements ensuring public security and maintain public peace; to protect the public from danger and nuisance; to protect all public properties including roads, railways, bridges, vital installations and establishments.

Moreover, officers will also be responsible to prevent and reduce crimes exercising their lawful powers to the maximum extent; to take action to bring the offenders to the due process of law by lawfully investigating crimes; to control and regulate traffic at all public places where there is movement of people and goods; to strive to prevent and resolve disputes and conflicts which may result in crimes; to provide all reasonable help to persons affected by natural or manmade disaster, calamity or accident; to collect, examine and, if necessary, to disseminate information in support of all activities of the police and in the maintenance of security of the province.

The draft adds that every police officer on duty shall remain in a state of mental and physical alertness and respond as quickly as practically possible to any situation that comes to his notice in respect of which police are lawfully required to discharge their duties. Moreover, police officers would be required to exhibit courtesy, propriety and compassion appropriate to the occasion when dealing with the public.

The document states that officers shall not use force against anyone or threaten to use force unless it is necessary to carry out any lawful purpose; they shall also exhibit sympathy when dealing with victims of crime and give due consideration to the special needs of women, children, senior citizens and the differently-abled.

Lodging FIRs

Under the law, the SHO shall be responsible to ensure that he or a person designated by him is present at the police station at all times to ensure anyone wishing to file an FIR of a cognisable offence is accommodated.

Moreover, no arrest shall be made on an FIR in cognisable offences without first obtaining approval from the office of the prosecutor general and the Head of Investigation except in offences pertaining to: public tranquillity; affecting life; slavery and forced labour; rape; unnatural offences; theft; extortion; robbery and dacoity; high-jacking; offences against women and children;cognisable offences witnessed by Police Officer during their commission; or an offence which is listed under the Third Schedule of the Anti-Terrorism Act, 1997.

If an SHO refuses to register an FIR, the complainant shall have the right to make a complaint against him under Section 39 of the Sindh Police Act 2018, the draft adds.