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Tuesday December 03, 2024

SHC tells IGP to curb politicisation of police dept

By Jamal Khurshid
November 14, 2024
The Sindh High Court building facade can be seen in this image. — SHC Website/File
The Sindh High Court building facade can be seen in this image. — SHC Website/File

The Sindh High Court on Wednesday directed the province’s inspector general of police to curb politicisation of police department and ensure emancipation of police from political hierarchy.

Issuing an order on a matter pertaining to the separation of investigation wings in each district of the province, a high court division bench comprising Justice Salahuddin Panhwar and Justice Adnan-ul-Karim Memon observed that due to insufficient force deployment and improper recruitment, law enforcement is hindered and has been politicised from time to time, and this practice needs to be curbed. The court directed the IGP to ensure their emancipation of the department from political hierarchy.

The court observed that the Special Security Unit (SSU) force was initially intended for public safety, but it is currently used primarily for VVIP security. The court directed the IGP to remove SSU commandos from VVIP security duties (except foreign dignitaries and embassies) and deploy them for public safety in Sindh, implement a transparent and merit-based recruitment process to eliminate political influence and nepotism, provide comprehensive training to all police personnel, from constables to DSPs, to enhance their skills and capabilities, implement a robust attendance system, such as biometric attendance with real-time location tracking, to improve discipline and accountability by providing them shoulder cameras.

The SHC observed that the police are responsible for protecting citizens and responding to their complaints; however, they often delay or avoid registering FIRs, especially in cases against influential individuals.

It said the Supreme Court had outlined a mechanism for FIR registration, as detailed in the Haider Ali case and this mechanism aims to ensure prompt and impartial FIR registration. The court observed that when an FIR is registered the police are responsible for investigating the crime; however, often due to poor investigation, real culprits are acquitted along with innocent individuals and this failure of the police contributes to the persistence of crime in society at large.

It further stated that principles outlined in the Mohammad Bashir case of the SC should be strictly followed and no one should be arrested without sufficient/concrete evidence as unjust arrests can lead to compensation claims against the responsible police officers.

The court directed the IGP to establish criteria for FIR registration based on the Supreme Court’s guidelines, and corrupt officers involved in criminal activities, false FIRs, illegal confinement, drug/gambling connections, and leaking information should be removed from service by adopting proper proceedings and they shall face legal/criminal action.

The court observed that SSPs of the concerned districts must ensure strict compliance, conduct regular public hearings, and monitor SHO performance in FIR registration and resolution of the grievances of the public at large. Approximately 40,000 absconders are at large, and the police have failed to apprehend them, it added.

The court further observed that the IGP has identified 275 outlaws with a total bounty of Rs58 crores in the cited case. It directed the home secretary to initiate the process of transferring these funds to a separate Sindh Police account, with a compliance report to be submitted within a month.

The court directed the provincial government to ensure the District Public Safety & Police Complaint Commissions, meet regularly under the command of the IGP and submit monthly progress reports to the Member Inspection Team of the court for monitoring and evaluation.

It said the Sindh Police had already been directed to improve law and order by deploying SSU for public safety, reforming recruitment and addressing corruption, establishing a separate investigation wing as directed, following FIR registration guidelines, apprehending absconders and outlaws, activating district committees.

The court directed the IGP and the home secretary to submit quarterly progress reports before the court. Regarding separate investigation wings, the court observed that it appears that the Sindh police have initiated steps to separate investigation from watch and ward duties as ordered, which includes appointing DSP investigations rather than SP investigations, perhaps due to certain reasons, re-designating posts, and posting specialized officers.

It said police are training and incentivizing investigation officers and monitoring their performance and prima facie the police department is committed to fully implementing the relevant law on the subject issue as well as orders passed by the court in its letter and spirit; however, more needs to be done in terms of the decision of the court in which the court directed the IGP to take strict action against criminals and their facilitators.

It also directed the IGP to introduce modern investigation techniques and the well-trained law graduate investigators in the entire Sindh to investigate crime at their respective police stations.

The court observed that to improve investigations Sindh police should establish a separate investigation wing, train officers rigorously in law, investigation techniques, and forensic science, make police station registers public online, create dedicated crime scene investigation teams, and equip officers with modern tools and techniques with budgetary allocations. These reforms will enhance investigation capabilities, public trust, and crime-fighting efforts.