POST COLONIAL

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POST COLONIAL ADMINISTRATION ITS EFFECTS ON
GOVERNANCE
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• Colonial Administration Background
• The East India Company appeared on the Indian
  scene in 1740.
• Main Features of Administration
• The Army built-up as the first pillar of the
  government.
• Indian Civil Service was the second pillar.
• Subsidiary to the Army was the police.

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• Colonial Administration Background
• The Police Act. 1861 came into force when
  imperialism was becoming part of the conservative
  creed.
• Main principles Economy Efficiency
• Lord Mayo wrote
• We are determined as long as the sun shines in
  heaven to hold India. Our natural character, our
  commerce demand it and we have one way or
  another, two hundred and fifty millions of
  English capital fixed in the country. (Telegram
  from Secretary of State, 11 16 August 1905,
  Parliamentary Papers 1905, Cd. 2718, Nos. 10, 12
  and 13).
• Racial consciousness was the basis of empire.
• Teach you subordinates that we are all
  British gentlemen engaged in the magnificent task
  of governing an inferior race. (S. Gopal, 1965,
  p. 121).

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• Colonial Administration Background
• Main objectives
• A strong executive
• A paternal administration
• The maintenance of the rule of law
• No pretence of promoting self-government

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• Colonial Administration Background
• Colonial pattern continued in Pakistan upto 2002
  
• Impact
• Police Act 1861 aimed to administer a static,
  immobile and backward rural society living in
  villages and small towns.
• It envisaged exercise of authority without local
  accountability.
• It presupposes a society without any
  constitution, without basic and fundamental
  rights, without organized public opinion and
  without mass media projecting and agitating the
  public interest.
• Policing model was a paramilitary, paternalistic
  colonial, empire-building and economies of scale
  model imposed as capitalistic rape on a colony.

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• Colonial Administration Background
• Outcome
• The administration became marginalised from the
  community.
• Public perception smooth flow of information
  replaced by arbitrariness.
• The police were characterised by criminal
  stereotypes, unscientific investigation, free use
  of preventive sections of law and a methodology
  incompatible with the dictates of a democratic
  society.
• Interest Identification, interest formulation and
  interest integration could not take place.

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Post Colonial Administration Police Order 2002
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Police Reforms

• The Plan aimed at organizing a police system
  which is
• Operationally neutral
• Non-authoritarian
• Responsive to the needs of community
• Professionally efficient
• Capable of promoting the rule of law
• Proactive in securing a credible level of police
  accountability
• Held in high esteem for its integrity

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Salient Features of Police Order 2002
Ensuring Public Over-sight and input in police
functions in order to enhance public input and
participation and establish oversight over police
functions, the following institutions have been
created at the Federal, Provincial and District
levels.
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i. National Public Safety Commission a)  
Established under Article 85 of Police Order
2002 with 12 members b)    Half nominated by the
Speaker of the National Assembly from amongst its
members, three each from the treasury and the
opposition in consultation with the Leader of the
House and the Opposition c)  Other half appointed
by the President from a list of names recommended
by the National Selection Panel at least two
members in each category shall be women Status
Established in 2006 secretariat located in
National Police Bureau, Islamabad fully
functional. Comment The role of the National
Public Safety Commission in the transfer and
posting of the Provincial Officer has been
abolished by the Amendment Ordinance. The PPO has
again been exposed to the whims of the Government.
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ii. Provincial Public Safety and Police
Complaints Commission (PPSPCC). a)  Established
under Article 73 of the Police Order 2002 with
twelve members b)  Half nominated by the speaker
of the Provincial Assembly from amongst its
members, four from the treasury and two from the
opposition in consultation with the Leader of the
House and the Leader of the Opposition c)  The
other half, the independent members shall be
appointed by the Government on the recommendation
of the Selection Panel two members in each
category shall be women Status PPSPCC has been
established in Punjab in 2006 secretariat is
located in the Provincial Secretariat Provincial
Policing Plan of the Punjab Police was
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iii. District Public Safety and Police Complaints
Commissions (DPSPCC) a)     Established under
Article 37 of Police Order 2002. b)     9
members, one of whom shall be the
Chairperson. c)  Members will include 3 MPAs/
MNAs from the district to be appointed by the
Government, 3 independent members to be appointed
by Government from a list of names recommended by
Selection Panel, and 3 members to be elected by
Zila Council one member in each category shall
be a woman. Status Established in 14 districts
but not functioning yet. Comment The composition
of the commissions has been drastically altered
by the Police Order Amendment Ordinance. Each
commission now includes political members who
have disciplinary authority over the police after
merger of Provincial Police Complaints Authority
with District Public Safety Commissions after the
amendment in the Police Order. Instead of
providing oversight and guidance through the
annual policing plans, the commissions will be
working individual police officers.
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Enhancing credibility of police accountability
mechanisms
Establishment of Federal Police Complaints
Authority a)   Established under Article 97 of
the Police Order 2002 b)   Six members and a
Chairman c)   Chairman to be appointed by the
President d)  Members to be appointed by the
President on the recommendation of FPSC Status
being established ? Members of Federal Police
Complaints Authority shall be eminent persons of
impeccable integrity with skills, knowledge and
expertise members shall not be appointed for
more than three years no member or the
Chairperson shall be eligible for a second term ?
Complaint handing functions have also been given
to Provincial Public Safety and Police Complaints
Commissions, District Public Safety and Police
Complaints Commissions and Zila Nazim. ? A strict
regime of punishments in cases of misconduct and
violations ofprocedures have been introduced for
delinquent police officers (Article 155-157)
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Functional Separation of Watch Ward from
Investigations staff Status a. New posts have
been created officers have been
posted b. Vehicles have been provided to
investigation staff c. Cost of investigation has
been provided d. Separate investigation training
courses have been started e. Investigation Manual
is being written Comment The separation has not
been feasible due to insufficient strength, lack
of ownership among police officers, and
procedural and legal difficulties arising
implementation, of the Order. Punjab Police has
proposed an amendment that would reverse
separation in all districts except the five City
Districts of the Punjab.
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Establishment of City (metropolitan) police
forces in Lahore, Faisalabad, Gujranwala,
Rawalpindi Multan The districts notified as
City Districts under the Local Government
Ordinance have a special status for the purpose
of Police Order. Five such districts including
the Capital City District of Lahore have been
made into separate police jurisdictions with
their heads having special powers. Each of them
has been declared a General Police Area, a status
that entails greater flexibility and
responsibility in administrative and financial
matters. The police in the Capital City District
is headed by an officer of the rank of Additional
Inspector-General of Police and each of the City
Districts has a Deputy Inspector-General of
Police heading its police organization.
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Establishment of Criminal Justice Coordination
Committees in Districts Criminal Justice
Coordination Committees have been created at the
district level to provide a forum to all players
in the criminal justice system to remove
administrative and operational impediments for
speedy justice to the people.  a) Established
under Article 109 of Police Order 2002 in each
District. b) Consist of District and Sessions
Judge as Chairperson, Head of the District
Police, District Public Prosecutor, District
Probation Officer, and Head of Investigation as
Secretary of the Committee.
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Establishment of Citizen Police Liaisons
Committees (CPLCs) Under Article 168, the
Government is to establish CPLCs as voluntary,
self-financing and autonomous bodies
for a) Training and capacity building of members
of public safety commissions b)  Developing
mechanism for liaison between aggrieved citizens
and police for providing relief and c)  Assist
public safety commissions and complaint
authorities and the police for the expeditious
and judicious discharge of their duties
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Code of conduct for law enforcement
officials Under Article 114 of the Police Order,
Provincial Police Officer and the Capital City
Police Officer shall issue Code of Conduct to
regulate police practices in respect of a)  the
exercise by police officers of statutory power of
stop and search b)  the searching of premises by
police officers and seizure of property c)   the
detention, treatment and questioning of
persons d)   the identification of persons by
police officers
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Members of civil society, particularly women, and
even opposition parties given statutory role in
public safety matters Due representation is given
to women and members of the Opposition in
National Public Safety Commission, Provincial
Public Safety and Police complaints Commissions
and District Public Safety and Police Complaints
Commissions.
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Initiative of the Federal Government to enhance
police capacity ? Forensic Science laboratories
are being established one each in Islamabad and
the four provincial headquarters ? Automated
Fingerprint Identification System (AFIS) is being
introduced ?   Computerization of police records
through Police Records and Office Management
Information System (AFIS)
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Initiatives of Punjab Police to improve safety,
security and access to justice
?     Establishment of 450 Highway Patrolling
Posts in Punjab 188 are operational. ?
    Establishment of Reporting Centres in 538 out
of 620 Police Stations duty officers of rank of
ASI and SI perform the job operational 24
hours ?    Establishment of Inspections
Vigilance Cell in the CPO headed by a DIG with
10 SPs assisting him. The officers will conduct
inspection and enquiries on behalf of the IGP
better discipline and performance
audit. ?  Establishment of a Modern Traffic
Police system in five major districts of the
province. More than 6000 Traffic Wardens with a
rank equivalent to a Sub-Inspector recruited
trained deployed. ? Revamping of Police
Stations.
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• PROJECT
• FOR
• IMPLEMENTING
• PUBLIC SAFETY REFORMS
• IN FOUR DISTRICTS OF PUNJAB
• ASIAN DEVELOPMENT BANK GRANT - TA 4537

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