15 points for the improvement of the criminal justice system by MOHAMMAD ALI BABAKHEL

WHILE disposing of a civil petition recently, the Supreme Court opted for a diagnostic approach and incorporated 15 points for the improvement of the criminal justice system.

One, taking cognisance of the inconvenience often confronted by complainants regarding non-registration of FIRs, the court explicitly pronounced that under Section 154 of the CrPC, the police have no discretion to decline registration.

Two, to discourage false complaints where applicable, cases under Sections 182 and 211 are to be registered.

Three, many individuals are nominated as the accused in the FIR registered for a single case, particularly in the rural areas. Such tactics are employed to book as many male members from the accused side as possible. To discourage such practices the court observed that “no person should be arrested unless there is sufficient evidence available with the police to support such arrest”.

Four, to improve the capacity of investigators training is to be imparted, specialised investigation units are to be established, and adequate funds allocated for investigation and development of forensic facilities. Though the Police Order 2002 bifurcated operations and investigation, investigation units, unfortunately, received unwilling and untrained officials. And while governments allocated funds for cost of investigation, the real dividends have yet to reach the public.

Five, security of tenure of police officers must be ensured hence no one can be transferred without completion of his tenure.

Six, earlier prosecution was a component of the police department but once separated the lack of coordination had a negative impact on cases. Therefore, the Supreme Court has directed the provinces to draft guidelines. The Punjab and KP police and the prosecution departments have already drafted SOPs. However, the conversion of such ideals into reality will be the real challenge.

Seven, to ensure the hiring of quality prosecutors and their accountability, the provinces have been directed to submit reports regarding allocation of funds and their accountability apparatus. Without monitoring and accountability the conviction rate cannot be improved.

Eight, to take stock of the witness protection apparatus the court directed the provinces to submit their reports. In a country, where all those involved in the criminal justice system are potential victims of violence, guaranteeing witness protection is essential.

Nine, frequent and deliberate adjournments of cases badly affect the disposal of cases, hence the Supreme Court asked the bar councils to take steps against lawyers who indulge in these practices. It will not only improve the disposal of cases, it will also bring lawyers within the net of accountability.

Ten, emphasising the importance of the complaints and accountability apparatus for the police the court asked the provinces to submit reports. Though Police Order 2002 provided inspiration for the creation of independent complaint authorities and public safety commissions, two provinces have reverted to the colonial Police Act 1861. In the remaining two provinces, such bodies are dysfunctional.

Eleven, to ensure financial transparency, police departments were directed to make budgetary allocations, annual performance reports and police plans available on websites. Though Article 32 of the order made the submission of “annual policing plan” mandatory, since two provinces have reverted to the Police Act, it’s not binding upon them. In the police, financial authority stops at the district police officer level. Transparency requires financial empowerment of the officers of the sub-divisional level.

Twelve, the court also questioned the validity of the policing regime in Sindh and Balochistan established under the Police Act 1861. The advocates general were asked to reply how, under this act, police could remain apolitical and protect human rights.

Thirteen, to evaluate the working standards of police stations the ombudsmen were directed to submit reports. Though in Pakistan 21 commissions and committees have been mandated for police reform, reforms have failed to reach the police station level. It’s commendable that there is realisation in the superior judiciary that without inclusion of police stations in the reform process, the police can never be a public service.

Fourteen, professional policing revolves around transparency, therefore, to keep the public and police abreast of transparency the Supreme Court directed information commissioners to disseminate procedures and functions related to policing.

Fifteen, to keep the criminal justice system adaptable, the Law and Justice Commission is mandated to submit a consolidated report.

Point 20 of the National Action Plan calls for revamping and reforming the criminal justice system while the apex court has now also provided a road map. Hence all institutions should collectively work towards these goals.

The writer is a police officer.

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Published in Dawn, November 12th, 2015