Police story: outdated system — past, present and future

Islamabad
History tells us that in 1857 when the War of Independence was going on in the subcontinent and local military personnel of the British Army raised the slogan of freedom, the British ‘Sarkar’ termed it mutiny. At this very time, debates were going on in the British Parliament relating to enforcing a police system in the subcontinent. Before emergence of this war, a strong lobby was voicing in the British Parliament to devise and enforce a professional and upright police system in the subcontinent on the pattern of London Police. The objective of London community policing was based on the basic theme of ensuring protection to life and property of citizens with good conduct on part of police officials and British Prime Minister Robert Peel is considered as founder of this police system.
While the other lobby in the British Parliament was against the introduction of noble and civilised policing system in the subcontinent. The opponents were of the view that if policing system like that of London was enforced in the subcontinent, the local administration could employ this system against British imperialism by favouring local populace. Through this civilised police, the British ‘Sarkar’ would not use police to crush public might and sabotage public rights.
Later, the War of Independence endorsed the reservations of second lobby of the British Parliament; resultantly the parliament approved Police Act 1861, which was based on Irish Policing Model.
The Irish Constabulary Model had successfully assisted British imperialism for subjugating Irish people relating to their rights and freedom for decades and seeking successful lesson through this policing system this ruthless policing system was enforced in the subcontinent in 1861. Secondly, to add further complexities in this ruthless system, police at district level was given the authority of English deputy commissioner to keep constant check on locally-inducted police personnel and officers. The deputy commissioner, whose major mandate had been to collect land revenue with the capacity of deputy collector, due to this system, not only became police chief but also enjoyed the authority to announce death penalty being a judge. So as per 1861 Police Act, the deputy commissioner was not only the chief revenue collector at district level but was also police chief and judge at the same time.
The English rulers enforced this ruthless system for local populace of India but the areas directly under the British Presidency, including Mumbai, Calcutta, Madras and Hyderabad, were exempted from this cruel policing system and in these areas Police Commissionerate System on the pattern of London was enforced.
Later in 1947 when India and Pakistan got freedom from British imperialism, India enlarged this commissionerate system from four cities to 40 cities of India. With the passage of time, this policing system was enforced in Bangladesh and Sri Lanka as well. While in Pakistan after 1947, the police elite as well as bureaucracy developed romance with this ruthless policing system and foiled every bid relating to bringing change in Police Act 1861. During 52-year history from 1947 to 2009, the Government of Pakistan constituted more than 38 committees to reform this outdated police system. These committees, on expenses of the state, made visits all over the world and observing policing system of different countries moved their recommendations to the government and despite these recommendations, no one bothered to bring change in the outdated policing system. Over years, policing system got deteriorated and terms like ‘Thana Culture’ got fame. No doubt, political governments used police to punish their political opponents, but whenever the victimised politicians who opposed ‘Thana Culture’ had got into the government; they also used police for their vested interests instead of improving the policing system.
The history of Pakistan reveals that first serious attempt to bring change in policing system was made in 1947 under the governorship of Quaid-i-Azam Mohammad Ali Jinnah when Legislative Assembly had approved recommendations to enforce Commissionerate System in Karachi on the style of Mumbai and London. It is also said that this bill had needed signs of governor general for its implementation but the bureaucracy taking advantage of illness of Quaid-i-Azam Mohammad Ali Jinnah did not allow implementation of recommendations despite the desire of the founder of Pakistan. It is also being said that Quaid-i-Azam had directed bureaucrats to correct some language mistakes from the draft of the bill and the corrected draft was never moved before Quaid-i-Azam for official signs and he left for Ziarat due to his illness and died there on September 11, 1948.
With the death of Quaid-i-Azam Mohammad Ali Jinnah, first attempt to bring change in policing system annulled.
Another serious attempt to reform policing system was made during the regime of former president Pervez Musharraf, resultantly Police Order 2002 was enforced that proved a success story despite some loopholes in it. The Police Order 2002 not only tasked professional responsibilities to police officials but also suggested strict action over negligent conduct. It not only ensures internal accountability under sections 55, 56, 57 but also encompasses external accountability. This moderate system alienated police investigation from law and order by providing opportunities to investigation officers to focus on their cases.
Meanwhile, Police Order 2002 also devised a cohesive mechanism for recruitment in police service and training skills of police officials. Within two years after implementation of Police Order 2002, almost 70 amendments were made in this law that tarnished its working and like past interference of political leadership and bureaucracy was allowed in the police department.
The experts of policing system and international institutions agree that the Police Order 2002 is far better than the outdated Police Act 1861.