Chief Executive Order 22, Police Order 2002

Chief Executive Order 22, Police Order 2002

1. Short title, extent and commencement.--(1) This Order may be called the Police Order, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once [except in the Islamabad Capital Territory where it shall come into force on the date the Local Government assume office in the said territory.]

2. Definitions.--(1) In this Order, unless the context otherwise requires,--

(i) `Administration' includes management of administrative, operational and financial functions;

[(i-a) "Capital City District" means the Islamabad City District, the Federal Capital, City District of Quetta, City District of Peshawar, City District of Lahore or City District of Karachi being the metropolis of the Provinces of Baluchistan, North-West Frontier, Punjab and Sindh respectively.]

(ii) "Capital City Police Officer" means the head of police of a general police area of the capital city district who is not below the rank of Additional Inspector General of Police and is posted under Article 11;

(iii) "City Police Officer" means the head of police of a general police area of the city district who is not below the rank of Deputy Inspector General of Police and is posted under Article 15;

(iv) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898);

[(iv-a) "Cognizance" means taking notice by an authority legally empowered to take action on its decision regarding a matter relating to neglect, excess or misconduct by, or any omission or commission deemed illegal, committed by, a Police Officer for remedial and corrective measures under the provisions of this Order.]

[(v) "Commission" means National Public Safety Commission, Provincial Public Safety and Police Complaints Commission, Islamabad, District Public Safety Commission and District Public Safety and Police Complaints Commission established under this Order.]

[(v-a) "Direct" means a written order or instruction to a Police Officer issued by an authority empowered to direct under this Order and such directing authority shall be deemed to be an officer authorized under clause (2) of Article 155.]

(vi) "District" means the district as defined in a Local Government Law;

(vii) "District Police Officer" means the head of police of a district who is not below the rank of Senior Superintendent of Police and is posted under Article 15;

[(vii-a) "Ex-officio Secretary" means Provincial Police Officer who shall exercise administrative and financial powers of the Secretary to the Provincial Government with total autonomy in operational, administrative and financial matters subject to the policy, oversight and guidance given by the Chief Minister through the Chief Secretary and the Provincial Home Department;

(vii-b) "Exigency of service", in relation to posting and transfer, means an urgent or unforeseen situation which, for the reasons to be recorded in writing, requires premature transfer of a Police Officer for performance of specific tasks or duties but not as a replacement for what should be rightly treated as an efficiency and discipline matter; and

(vii-c) "Fact finding inquiry" means an inquiry into the allegations contained in a complaint against a Police Officer, including the factual incidents, relating to neglect, excess or omission or commission of any act constituting an offence and the outcome of such inquiry shall be admissible in evidence before a Court, tribunal or an authority.]

(viii) "Federal Law Enforcement Agencies" include Federal Investigation Agency, Pakistan Railway Police, Anti-narcotics Force, Pakistan Motorway and Highway Police, Islamabad Police, Frontier Constabulary, and any other Federal or Provincial Organization notified as such by the Government from time to time;

(ix) "General Police Area" means a capital city district, a part of a province, or any territory for which separate police is established under Article 6;

(x) "Government" means the appropriate Government;

(xi) "Head of District Police" means a District Police Officer, City Police Officer or a Capital City Police Officer;

(xii) "junior ranks" means members of the police of and below the rank of Inspector as set out in the First Schedule;

(xiii) "person" includes community, a company, or corporation;

(xiv) "Place" includes:--

(a) Any building, tent, booth or other structure, whether permanent or temporary; and

(b) Any area, whether enclosed or open.

(xv) "Place of public amusement" means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided etc. to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted;

(xvi) "Place of public entertainment" means any place of boarding and lodging to which public are admitted by any person owning, or having any interest in, or managing, such place;

(xvii) "Provincial Police Officer" means head of the police of a general police area of the rank of Inspector General of Police posted under Article 11;

(xviii) "Police Officer" means a member of the police who is subject to this Order;

(xix) "Police or Police Establishment" means the police referred to in Article 6 and includes--

(a) all persons appointed as special police officers or additional police officers under this Order; and

(b) all other employees of the police.

(xx) "Prescribed" means prescribed by rules made under this Order;

(xxi) "Property" means any moveable property, money or valuable security;

(xxii) "Public place" means any place to which the public may have access;

[(xxii-a) "Responsible" means a Police Officer who is answerable and accountable, for effective and efficient performance of assigned duties and functions, and for implementation of all lawful orders and instructions issued by an officer or an authority to whom he is responsible under this Order and non-compliance of such orders, directions and instructions which he is bound to observe or obey for action shall be liable under paragraph (c) of clause (1) of Article 155.]

(xiii) "Rules" means rules made under this Order;

(xxiv) "Schedule" means a schedule to this Order;

(xxv) "Senior ranks" means members of the police above the rank of Inspector as set out in the First Schedule;

(xxvi) "Street" includes any highway, bridge, way, causeway, arch, road, lane, footway, square, alley or passage, whether or not it is a thoroughfare and to which the public have access, whether permanently or temporarily [***];

(xxvi-a) "Superintendence" means supervision of Police by the appropriate Government through policy, oversight and guidance and, in case of a Province, it shall be exercised by the Chief Minister through the Chief Secretary and the Provincial Home Department, while ensuring total autonomy of the Provincial Police Officer in operational, administrative and financial matter and, in case of Federal Capital, such supervision shall be exercised by Ministry of Interior, Government of Pakistan; and]

(xxvii) "Vehicle" includes any conveyance of any description mechanically propelled or otherwise.

(2) All references in respect of District Superintendent of Police in any law in force shall mean Head of District Police posted under Article 11 and Article 15.

CHAPTER II

RESPONSIBILITIES AND DUTIES OF THE POLICE

3. Attitude and responsibilities of police towards the public.--It shall be the duty of every police officer to-

(a) behave with the members of the public with due decorum and courtesy;

(b) promote amity;

(c) guide and assist members of the public particularly the poor, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places; and

(d) aid individuals who are in danger of physical harm particularly women and children.

4. Duties of police.--(1) Subject to law, it shall be the duty of every police officer to--

(a) protect life, property and liberty of citizens;

(b) preserve and promote public peace;

(d) prevent the commission of offences and public nuisance;

(e) collect and communicate intelligence affecting public peace and crime in general;

(f) keep order and prevent obstruction on public roads and in the public streets and thoroughfares at fairs and all other places of public resort and in the neighbourhood of and at the places of public worship;

(g) regulate and control traffic on public roads and streets;

(h) take charge of all unclaimed property and to prepare its inventory;

(i) detect and bring offenders to justice;

(j) apprehend all persons whom he is legally authorised to apprehend and for whose apprehension, sufficient grounds exist;

(k) ensure that the information about the arrest of a person is promptly communicated to a person of his choice;

(l) enter and inspect without a warrant on reliable information any public place, shop or gaming-house where alcoholic drinks or narcotics are sold or weapons are illegally stored and other public places of resort of loose and disorderly characters;

(m) obey and promptly execute all lawful orders;

(n) perform other duties and exercise powers as are conferred by this Order, the Code or any other law for the time being in force;

(o) aid and-co-operate with other agencies for the prevention of destruction of public property by violence, fire, or natural calamities;

(p) assist in preventing members of public from exploitation by any person or organized groups;

(q) take charge of lunatics at large to prevent them from causing harm to themselves or other members of the public and their property; and

(r) prevent harassment of women and children in public places.

(2) Police Officer shall make every effort to--

(a) afford relief to people in distress situations, particularly in respect of women and children;

(b) provide assistance to victims of road accidents;

(c) assist accident victims or their heirs or their dependants, where applicable, with such information and documents as would facilitate their compensation claims; and

(d) cause awareness among the victims of road accidents of their rights and privileges.

(3) It shall be the duty of a police officer to lay information before a competent Court and to apply for a summons, warrant, search warrant or such other legal process as may, by law, be issued against any person suspected of committing an offence.

COMMENTARY

Privacy of Home. According to sub-section (1) of S. 4, police is authorize to enter and inspect without warrant on reliable information in any public place mentioned in Police Order, 2002. But such authorization of law is not meant for a private premises or a house. PLJ 2006 Lah. 721.

5. Emergency duties of police with regard to essential services.--(1) The Government may, in an emergency, by notification in the Official Gazette, declare any specified service to be an essential service to the community.

(2) upon a declaration being made under clause (1) and so long as it remains in force, it shall be the duty of every police officer to obey any lawful order given by a senior police officer in relation to the declaration.

CHAPTER III

CONSTITUTION AND ORGANIZATION OF THE POLICE

6. Separate police establishment for each general police area.--The Government shall maintain a separate police establishment for every general police area.

7. Constitution of police.--(1) The police establishment for each general police area shall consist of such numbers in the senior and junior ranks and have such organization as the Government may from time to time determine.

(2) The recruitment criteria, pay and allowances and all other conditions of service of the police shall be such as the Government may from time to time determine.

(3) The recruitment in the police other than ministerial and specialist cadres shall be in the rank of Constable, Assistant Sub-Inspector and Assistant Superintendent of Police:

Provided that selection for direct recruitment in the rank of Assistant Sub-Inspector shall be through the appropriate Public Service Commission and shall not exceed twenty-five percent of total posts in that rank:

Provided further that 25% of the quota for departmental promotions to the rank of Assistant Sub-Inspector shall be filled, subject to rules, through selection by the appropriate Public Service Commission from graduate Constables or Head Constables of clean record.

(4) The recruitment in the rank of Assistant Superintendent of Police shall be through the Federal Public Service Commission on all Pakistan basis.

(5) The recruitment in the rank of Constable and Assistant Sub-Inspector shall be on the basis of the district of domicile which for all service matters shall be their administrative unit up to the rank of Deputy Superintendent of Police and only such officers shall be posted to their district of domicile for field assignments. There will be no such bar on the posting of officers of other districts for investigation, traffic, security, reserve, and intelligence duties. Subject to rules, Inspectors and Deputy Superintendents of Police shall be promoted on the basis of provincial seniority.

(6) Every police officer while on police duty shall have all the powers and privileges of a police officer throughout Pakistan and be liable to serve at any time in any branch, division, bureau and section.

8. Police to be organized on functional basis.--(1) The police establishment constituted under Article 7 shall, as far as practicable, be organised on functional basis into branches, divisions, bureaus and sections.

(2) The branches, divisions, bureaus and sections referred to in clause (1) my include:--

(a) Investigation;

(b) Intelligence;

(d) Reserve Police;

(e) Police Accountability;

(f) Personnel Management;

(g) Education and Training;

(h) Finance and Internal Audit;

(i) Crime Prevention;

(j) Crime against women;

(k) Traffic Planning and Management;

(l) Criminal Identification;

(m) Information Technology;

(n) Transport;

(o) Research and Development;

(p) Legal Affairs;

(q) Welfare;

(r) Estate Management.

(3) The specialist investigators shall be operationally responsible to the officer-in-charge of the investigation branch.

(4) Every police officer shall be liable for posting to any branch, division, bureau and section, or anywhere in or outside the police.

(5) Posting to any specialist branch, division, bureau or section shall be subject to necessary training and experience in accordance with the rules.

9. Superintendence of police.--(1) The superintedence of police throughout a general police area shall vest in the appropriate Government.

(2) The power of superintendence under clause (1) shall be so exercised as to ensure that police performs its duties efficiently and strictly in accordance with law.

10. Administration of the police.--(1) Administration of police in a general police area shall vest in the Provincial Police Officer, Capital City Police Officer or City Police Officer posted under Article 11, or Article 15, as the case may be.

(2) The Provincial Police Officer, Capital City Police Officer and City Police Officer, as the case may be, shall exercise such powers and perform such functions and duties and shall have such responsibilities as may be provided by or under this Order and any other law for the time being in force.

(3) The police officers mentioned in clause (1) may for direction and control issue standing orders not inconsistent with the Order or rules made hereunder for the efficient functioning of the police.

(4) Provincial Police Officer shall prepare a provincial annual policing plan for review by the Provincial Public Safety [and Police Complaints] Commission. The plan shall include--

(a) objectives of policing;

(b) financial resources likely to be available during the year;

(d) mechanism for achieving these targets.

11. Posting of Provincial Police Officer, Capital City Police Officer and Head of Federal Law Enforcement Agency.--(1) The Provincial Government shall, out of a panel of three police officers recommended [.......] by the Federal Government, post a police officer of the rank of Inspector General of Police as Provincial Police Officer of the Province:

Provided that before a police officer is posted as Provincial Police Officer under clause (1) the Federal Government shall place his services at the disposal of the Provincial Government.

(2) The Federal Government in the case of Islamabad Capital Territory and the Provincial Government in the case of Capital City District shall post a police officer not below the rank of Additional Inspector General of Police as Capital City Police Officer out of three officers recommended by the National Public Safety Commission, or on the recommendation of the Provincial Police Officer, as the case may be.

(3) The Federal Government shall, out of a panel of three suitable police officers recommended by the National Public Safety Commission post head of a Federal Investigation Agency, Pakistan Railway Police, Pakistan Motorway and Highway Police and Frontier Constabulary.

(4) During temporary absence of the police officers mentioned under clause (1) and clause (2) the next senior officer may exercise all or any of the powers, perform all or any of the functions and duties, and discharge all or any of the responsibilities of the Provincial Police Officer, or Capital City Police Officer, as the case may be.

(5) The Provincial Police Officer, posted under clause (1) shall have administrative and financial powers as ex-officio Secretary to the Provincial Government and other powers under this Order, or any other law for the time being in force and Islamabad Capital City Police Officer posted under clause (2) shall have the same administrative and financial powers.

(6) Subject to job description of each post under the rules, the police officers mentioned in clauses (1) and (2) may, by a general or special order, empower any officer subordinate to him to exercise and perform all or any of the powers, functions or duties to be exercised or performed under this Order.

12. Term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law Enforcement Agency.--(1) The term of office of Provincial Police Officer, Capital City Police Officer and Head of a Federal Law Enforcement Agency posted under Article 11 shall be three years from the date of his posting.

[(2) The Provincial Government may, with the approval of the Federal Government, repatriate, or the Federal Government may, on its own accord, recall, a Provincial Police Officer.

(3) The Provincial Public Safety and Police Complaints Commission may, for reasons to be recorded in writing, recommend to the Provincial Government for repatriation of the Provincial Police Officer before he expiry of his term of office and the Provincial Government may thereupon move the Federal Government for his repatriation in accordance with clause (2).]

(4) The Federal Government may with the agreement of National Public Safety Commission transfer Islamabad Capital City Police Officer and Head of a Federal Law Enforcement Agency before the expiry of his tenure.

(5) The Federal Government or the National Public Safety Commission may initiate premature transfer of the officer mentioned in clause (4) for unsatisfactory performance of duties:

[Provided that before initiating such transfer, Commission shall give the concerned officer an opportunity of being heard in person.]

[(6) ...........]

13. Posting of Additional Inspectors General of Police.--The Government may post such number of Additional Inspectors General of Police to assist the, Provincial Police Officer, or Capital City Police Officer, as the case may be, in the efficient performance of his duties as it may deem fit, in consultation with the Provincial Police Officer, or Capital City Police Officer, as the case may be.

14. Appointment of experts.--(1) The Government may, on recommendation of the appropriate Public Service Commission, appoint one or more experts to assist the Provincial Police Officer and Capital City Police Officer or City Police Officer.

(2) The qualifications, eligibility, terms and conditions of service of experts shall be as prescribed.

15. Posting of City Police and District Police Officer.--(1) The Provincial Police Officer may post a City Police Officer for a city district notified as a general police area and the District Police Officer in a district within a general police area [with the approval of] the Government.

(2) The term of office of City Police Officer or District Police Officer, as the case may be, shall be three years from the date of his posting.

[(3) Under exceptional circumstances due to exigency of service or on grounds of misconduct and inefficiency which warrant major penalty under the relevant rules, the City Policy Officer or District Police Officer may be transferred, with the approval of the Government, before completion of the term of office.]

16. Administration of police in a District.--(1) Subject to this Order, the administration of police throughout a district, other than capital city district and a city district, shall vest in a District Police Officer posted under Article 15.

(2) The District Police Officer may delegate any of his powers and functions conferred on him to a Superintendent of Police, Assistant or Deputy Superintendent of Police posted under Article 17.

(3) The Capital City Police Officer and the City Police Officer shall have administrative and financial powers of the head of an attached department.

(4) A Capital City Police Officer posted under Article 11 and a City Police Officer posted under Article 15 shall exercise the powers vested in them under clause (3) above and Article 10 subject to the operational control by the Provincial Police Officer.

18. Posting of head of investigation.--(1) The head of investigation in a general Police area other than the Capital City District or the City District shall be of the rank of Additional Inspector General of Police.

(2) The head of investigation in a Capital City District or City District shall not be below the rank of Senior Superintendent of Police.

(3) The head of investigation in a District shall not be below the rank of Superintendent of Police and shall be responsible to his own hierarchy subject to general control of the District Police Officer [;]

[Provided that the Investigation Wing shall be located within the Police Station and shall be responsible to its own hierarchy in the District under the general control of Officer-in-Charge of the Police Station.]

(4) All registered cases shall be investigated by the investigation staff in the district under the supervision of the head of investigation:

Provided that the Government may, by a special or general order, may entrust investigation of offences under Local and Special Laws as defined in the Pakistan Penal Code and punishable with imprisonment for a term not exceeding three years with or without any other punishment, to the police station staff.

(5) The District Police Officer shall not interfere with the process of investigation. The head of investigation shall however keep the District Police Officer informed of the progress of all cases which have a bearing on public order. The District Police Officer shall provide full support to the Head of investigation in the performance of his duties.

(6) Investigation shall not be changed except after due deliberations and recommendations by a board headed by an officer not below the rank of Senior Superintendent of Police and two Superintendents of Police, one being incharge of the investigation of the concerned District:

Provided that the final order for the change of investigation shall be passed by head of investigation in the general police area who shall record reasons for change of such investigation:

Provided further that the second change of investigation may only be allowed with the approval of the Provincial Police Officer, or the Capital City Police Officer, as the case may be.

[Explanation.--For the purpose of this Article, "general control" means the relationship between the authority of the officer-in-charge of Investigation in a District or a Police Station and the District Police Officer and officer-in-charge of the Police Station, as the case may be. This relationship requires full support to the officer-in-charge of Investigation in the performance of his duties and officer-in-charge of Investigation shall coordinate with the District Police Officer or officer-in-charge of the police station, as the case may be, and provide information to him on all matters which have a bearing on watch and ward and public order functions. Any directions in this regard by the officer vested with general control shall not explicitly or impliedly interfere in the conduct of Investigation or transfer of investigation and diversion of manpower or resources of Investigation to other police functions.]

COMMENTARY

Police Order, 2002 was promulgated regulating the force of the police and the investigation. Investigation can only be transferred by adopting the procedure laid down therein. DIG has no jurisdiction to pass an order for the change of investigation of a case. The head of investigation in a general police area can order change of investigation on recommendations of the board of SPs constituted under the police Order. Revision accepted. PLJ 2008 Cr.C. (Lahore) 960.

Statement before Court not only creates estoppal but also deprives respondent/official of authority to pass order in question. Order in question, ordering re-investigation of case or conduct of investigation of the said statement of Police Official before Court was unlawful being militating against order passed by High Court. PLJ 2004 Lahore 1293.

Investigation by the investigating staff. Deliberate lapse on his part. All registered cases shall be investigated by the investigating staff in the district under the supervision of the head of investigation. No body to have an eye over the manner of investigation as has happend in such case. Until and unless a close look is not kept on the working of the investigating officers by supervisory officers as is mandated under Police Order, 2002, fruitful and requisite results of the investigations (i.e. fair and impartial) cannot be achieved. PLJ 2007 Cr.C. (Lahore) 1244.

Provision of Art. 18(6) of Police Order 2002, limits number of transfer of investigation only to providing therein procedure for second transfer, thus, transfer of investigation for the fifth time was not warranted especially when challan was submitted before Court. Order of re-investigation of case after taking cognizance of challan by trial Court amounted to act of removing of file from cause list of Court and thus, interrupting judicial process of law. Order of re-investigation of case by respondent being violative of Art. 18(6) of Police Order, 2002, as also contrary to commitment by Police Official before High Court, after putting in challan before competent Court was declared to be illegal, unlawful and of no legal effect. PLJ 2004 Lahore 1293.

Prayer for transfer of investigation. There is hardly any justification for declaring order of Inspector General of Police to have been passed without any lawful authority because Police Order, 2002 not debarring police officers from transferring investigation. Writ petition is accordingly dismissed. However, a direction is issued to Inspector General of Police to ensure that investigation of case is completed within next 15 days and report submitted in concerned Court. PLJ 2004 Cr.C. (Lahore) 130.

The respondent, without assigning any reason whatsoever, was competent to change investigation for fourth time, especially when case was investigated on recommendations of committee constituted u/S. 18. Order of re-investigation for fourth time, without any reason, without seeking any recommendations from committee so constituted and without referring any provision of law, indicates that respondent did not apply his conscious judicial mind. Non-speaking order of respondent which offends provisions of Punjab Police Order, 2002 cannot be allowed to be maintained at law being illegal, void and contrary to mandatory provisions of law. Petition allowed. PLJ 2005 Lahore 747.

Such entrustment of investigation being in clear violation of Art. 18 (4) of Police Order, 2002, was patently illegal. Though such entrustment might not have the effect of vitiating the trial, the same would certainly damage fairness of investigation, one of the main objects sought to be achieved by Police Order, 2002, as well as credibility of the officer blatantly violating the law. Such officer would be exposing himself to disciplinary action and might also incur risk of penalty under Police Order, 2002. PLJ 2007 Cr.C. (Karachi) 195.

District Police Officer cannot interfere with process of investigation. First change of investigation can, in areas other than Capital City District, be ordered only by Additional Inspector General of Police (Investigation Branch) and that too only after deliberation and recommendation by a Board headed by a Senior Superintendent of Police and including two superintendents of police, one being in charge of investigation in concerned District. Change of investigation can only be allowed with approval of inspector General of Police. PLJ 2005 Lahore 1571 (FB).

Police Officers other than those mentioned in Article 18(6) of the Police Order, 2002 changing investigation of criminal cases in the name of `verification' of investigation. The law is quite settled on the point that where the law requires a thing to be done in a particular manner then that thing must be done in that manner alone or not at all. In any case if an investigation by an Investigating Officer is to be verified by some other officer then such verification must be confined to verification of the record of investigation and such an exercise cannot be allowed to be conducted in a manner giving it a colour of fresh investigation with fresh conclusions. The verifying officer has to confine himself to the record of investigation already conducted then the verifying officer can bring such fault to the notice of the Superintendent of Police (Investigation) of the concerned District who can then initiate the process contemplated by the provisions of Article 18(6) of the Police Order, 2002 for change of investigation. In some cases an impression is being entertained among some senior police officers that the provisions of Article 18(6) of the Police Order, 2002 pertain to `vertical' change of investigation and not to `horizontal' transfer of authorities outside and above the relevant District and the latter denoting transfer of investigation by officers performing duties with the relevant District. Such a distinction is not only innovative but totally artificial and self-created and a distinction motivated to defeat the very purposes of Article 18(6) of the Police Order, 2002 so as to perpetuate the mala fides for the removal of which the said Article had been introduced. All notions regarding such a distinction are liable to be rejected. PLD 2006 Lah. 609.

Investigating Officer could only identify the defect in investigation. If he had found any document fake S.P. Investigation could have activated process give under Article 18(6) of Police Order, 2002, for first change of investigation. PLD 2006 Lah. 609.

Verify officer could not have investigated the case himself during process of verification and pass direction to the local police to submit challan against the accused, etc. PLD 2006 Lah. 609.

Investigation conducted by the verifying officer was declared violative of law and was set aside. PLD 2006 Lah. 509.

Illegal and unauthorized change of investigation. Grievance of petitioner/accused was that his case earlier was investigated by S.H.O. Police Station concerned who, after completion of investigation, recorded finding of his innocence, but on telephonic message from D.P.O., investigation was entrusted to D.S.P. in the garb of verification and D.S.P. started re-investigation. D.P.O. had no jurisdiction either to change investigation or to have the case re-investigated in the garb of supervising investigation in terms of Art. 18 of the Police Order, 2002. Entire exercise of D.S.P. concerned in starting re-investigation of the case already concluded by S.H.O. was not only without authority, but also in violation of the rules of law. 2006 PCr.LJ 1596.

Instead of changing investigation in the garb of verification which was colourful exercise of jurisdiction by D.P.O., if he was not satisfied with the conduct of investigation he could place the matter before District Investigation Board seeking change of investigation, if he himself felt so or received any information from any person, alongwith his note giving reason for change of investigation. 2006 PCr.LJ 1596.

D.P.O. could also refer matter to Additional Inspector General Police as provided under Art. 18 of Police Order, 2002, but in no circumstances D.P.O. could either change investigation directly or in the garb of verification/supervision of investigation by any other person already conducted by competent authority. 2006 PCr.LJ 1596.

Cancellation report was prepared on verbal direction of S.S.P. (Investigation), which was not brought to the notice of the Magistrate. Magistrate passed impugned order without applying his judicial mind which was not at all sustainable in law. Whole exercise, leading to preparation of cancellation report, appeared to be manoeuvres by accused persons involved in F.I.R. in collusion with the police. Investigation conducted with the case and preparation of impugned police report, were declared to be violative of law and settled principles of superior Courts. Provisions of Police Order, 2002 had also been violated, in the case. Impugned order passed by Judicial Magistrate, was declared to have been passed without lawful authority and having no legal effect. 2006 PCr.LJ 1639.

19. Appointment of Director of Police Communications etc.--Subject to rules, Provincial Police Officer, or Capital City Police Officer, or City Police Officer, as the case may be, may appoint Director of Wireless, Motor Transport and Computer for the whole of the general police area or for any part thereof and such number of officers and staff as may be determined from time to time.

20. Posting of heads of police training institutions.--(1) The Federal Government shall post a police officer of the rank of Inspector General of Police as Commandant of the National Police Academy.

(2) Provincial Police Officer or Capital City Police Officer may post an officer not below the rank of Deputy Inspector General of Police as Commandant of the police training college and an officer not below the rank of Senior Superintendent of Police as Principal of each police training school within the general police area under his charge.

21. Constitution of regions and divisions etc.--(1) The Provincial Police Officer may with the approval of the Government constitute police regions.

[(2) The Provincial Police Officer, Capital City Police Officer or the City Police Officer may with the approval of the Government,--

(i) divide districts into police divisions, sub-divisions and police stations;

(ii) sub-divide the police stations into police posts; and

(iii) define the limits and extent of such divisions, sub-divisions, police stations and police posts;]

Provided that the limits and extent of such divisions, police stations and police posts shall, as far as practicable, be coterminus with the limits of Tehsils, or Town in a city district and Unions.

(3) A police region under clause (1) shall be headed by a police officer not below the rank of Deputy Inspector General of Police:

Provided that where the size of police establishment is more than ten thousand the region shall be headed by a police officer not below the rank of Additional Inspector General of Police.

(4) A police division shall be under an officer not below the rank of a Superintendent of Police; a police sub-division under an officer not below the rank of an Assistant or Deputy Superintendent of Police; and a police station shall be under an officer of the rank of Inspector of Police:

Provided that an officer of the rank of Assistant Superintendent of Police may be posted as head of a police station, assisted by Inspectors as officer incharge in selected police stations:

[Provided further that the term of office of an officer under whom a police division, sub-division or police station respectively is placed shall be the same as that of Head of District Police from the date of posting and any transfer before completion of his term of office will only take place due to exigency of service or misconduct warranting major penalty.]

22. Transfer to other police establishment.--Subject to rules, the appropriate Government may transfer any police officer appointed under this Order from police constituted for one general police area to another.

23. Appointment of junior ranks.--Subject to rules, Head of District Police shall be the appointing authority for junior ranks.

24. Oath or affirmation by members, of police.--(1) Every member of the police shall on appointment make and subscribe before Provincial Police Officer or Capital City Police Officer or City Police Officer, or head of a training institution, an oath or affirmation according to the form set out in the second Schedule.

(2) Assistant Superintendents of Police shall make and subscribe to the said oath or affirmation before Commandant, National Police Academy.

25. Certificate of appointment.--(1) Officers of junior ranks shall on appointment receive a certificate in the form provided in the Third Schedule. The certificate shall be issued under the seal of such officer as Provincial Police Officer or Capital City Police Officer or City Police Officer may by general or special order direct.

(2) A certificate of appointment shall become null and void whenever the police officer named therein ceases to belong to the police.

26. Suspension of police officer.--(1) Subject to rules, the authority or an officer authorised in this behalf by the authority shall have power to suspend a member of police.

(2) The powers and functions vested in a member of police shall remain suspended while such officer is under suspension:

Provided that notwithstanding his suspension such member shall not cease to be a member of police and shall continue to be subject to the control of the same authorities to which he would have been, but for his suspension.

27. General powers of Provincial Police Officer, etc.--Subject to this Order and rules made there-under, Provincial Police Officer and Head of District Police, as the case may be, shall within their respective spheres of authority, direct and regulate all matters of recruitment, training, postings, transfers, promotions, arms, drill, discipline, clothing, distribution of duties, and any other matter concerning the efficient fulfilment of duties by the police under his control.

28. Powers of Provincial Police Officer, Capital City Police Officer and City Police Officer concerning police accounts.--(1) Provincial Police Officer, Capital City Police Officer or City Police Officer shall have authority to investigate and regulate all matters of accounts connected with the police and all persons concerned shall be bound to give reasonable aid and facilities in conducting such investigation and to conform to his orders consequent thereto.

(2) The power of Provincial Police Officer, Capital City Police Officer and City Police Officer to regulate accounts under clause (1) shall be without prejudice to the Auditor General's authority to audit police accounts.

29. Appointment of special police officers.--(1) Subject to rules, Head of District Police may appoint special police officers for special purposes or occasions when the police available to him is not sufficient to assist the police under his command.

(2) Every special police officer so appointed shall, on appointment--

(a) receive a certificate in the prescribed form;

(b) have the same powers, and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as a regular police officer.

30. Appointment of additional police.--(1) City Police Officer and District Police Officer subject to the approval of the Provincial Police Officer, and Capital City Police Officer may appoint additional police officers of such rank and for such time as he may deem fit for the purposes stated in their employment orders.

(2) Every additional police officer so appointed shall on appointment--

(a) receive a certificate in a form approved by Provincial Police Officer or Capital City Police Officer or City Police Officer as the case may be;

(b) be vested with all or any of the powers, privileges and duties of a police officer;

(3) The employment of additional police may be made at the request of any person reasonably requiring such police and the cost of such employment shall be recovered in such manner as provided under this Order or rules made there under.

31. Ministerial staff etc.--(1) Subject to rules, Provincial Police Officer, Capital City Police Officer and City Police Officer, as the case may be, may appoint ministerial staff and other employees to assist the police.

(2) Any person employed under clause (1) shall be under the direction and control of Provincial Police Officer, Capital City Police Officer, or City Police Officer, as the case may be.

(3) The powers of direction and control referred to in clause (2) shall include the powers of discipline and dismissal.

(4) Subject to rules, Provincial Police Officer, Capital City Police Officer or City Police Officer, as the case may be, may delegate his powers and authority under this Article to an officer of appropriate rank.

CHAPTER IV

RESPONSIBILITIES OF THE HEAD OF DISTRICT POLICE

32. Policing Plan.--(1) Head of District Police shall prepare an annual Policing Plan consistent with Provincial Policing Plan wherever applicable in [coordination] with the Zila Nazim in the prescribed manner.

(2) The Policing Plan shall include--

(a) objectives of policing;

(b) financial resources likely to be available during the year;

(d) mechanism for achieving these targets.

(3) Head of District Police shall obtain the approval of the plan from the [concerned Commission at the District level] and send copies of the approved plan to Zila Nazim, Tehsil or Town Nazim, Provincial Government, Provincial Public Safety [and Police Complaints] Commission and Provincial Police Officer and in case of Islamabad Capital Territory to Zila Nazim, Islamabad District Public Safety Commission, National Public Safety Commission and Federal Government.

(4) Head of District Police shall prepare a report on the policing of the district during the year and send it to the [concerned Commission at the District level] by end of August.

33. Relationship of District Police with Zila Nazim etc.--(1) Subject to the provisions of this Order, Head of District Police shall be responsible to the Zila Nazim for police functions under this Order but shall not include administration of the district police, investigation of criminal cases and police functions relating to prosecution, which shall rest with the police:

Provided that Zila Nazim may visit a police station to find out if any person is under unlawful detention and in appropriate cases may also direct action in accordance with law having regard to the facts and

circumstances of the case.

(2) In case of a difference of opinion between the Zila Nazim and the [......] Government on any matter concerning the District Police, the decision of the [......] Government shall prevail.

[(3) In the normal channel of writing the Performance Evaluation Report of the Head of District Police, the Zila Nazim shall write the manuscript report of the Head of District Police in the specified part of the Form of Performance Evaluation Report provided in the Fourth Schedule, which shall be taken into consideration at the time of promotion of the Officer.]

34. Police support to Government functionaries, etc.--(1) Any functionary of the Federal Government, Provincial Government, any statutory body or any body or corporation owned, set up or controlled by any such Government or in which such Government has a controlling share or interest, District Government, Tehsil or Town Municipal Administration or Union Administration, or Cantonment Board may for the discharge of his official duties which in his opinion require police assistance, ask for police support from the concerned police authority of the area and such authority shall provide the requisite support:

Provided that, if for any reason, the police authority is unable to provide the police support requested under this clause it shall forthwith bring the matter through its channel of command to the notice of Head of District Police who shall make arrangement for provision of police support and, where he is unable to provide such support, he shall inform the Zila Nazim accordingly:

Provided further that before making a report to the higher officer, each officer in the chain of command shall make an effort to provide the requisite police support[:]

[* * *]

(2) Where the Zila Nazim so directs, the District Coordination Officer shall be responsible for Coordination of police support by Head of District Police to the District Government, Tehsil Municipal Administration, Union Administration and Cantonment Board in exigencies threatening law and order, natural calamities and emergencies.

[(3) * * *]

35. Responsibility on complaints of neglect and excesses by police.--(1) Where the Zila Nazim on the basis of any complaint or information has reason to believe that any police official has committed an act of neglect, failure or excess, or the Union Public Safety Committee on its own motion on receipt of a complaint from an aggrieved person reports to the Zila Nazim about police neglect, failure or excess, the Zila Nazim may direct Head of District Police to take remedial measures, including registration of First Information Report in a cognizable offence in appropriate cases within the period specified by him and the Zila Naizm shall inform the [concerned Commission at the District level] accordingly.

(2) Head of District Police or the concerned competent authority shall immediately take remedial measures, and may suspended the concerned official where necessary, initiate an enquiry and take appropriate action in accordance with law.

(3) Head of District Police shall without delay inform the Zila Nazim and [concerned Commission at the District level] of the action taken by him pursuant to the directions given under clause (1) and forward a copy of the final report of enquiry within forty five days of such directions.

COMMENTARY

Police Order, 2002 only requires prosecution to be initiated upon a written report but does not say that no arrest can take place without a warrant. Where the offence is punishable with imprisonment upto three years it would be deemed to be cognizable under second schedule to Cr.P.C. PLD 2005 Kar. 285.

CHAPTER V

DISTRICT PUBLIC SAFETY [AND POLICE COMPLAINTS] COMMISSION

[37. Establishment of District Public Safety and Police Complaints Commission.--(1) The Provincial Government shall establish a District Public Safety and Police Complaints Commission in every District, including Capital City District, consisting of nine members one of whom shall be the Chairperson.

(2) The Commission shall have its independent budget under a separate budgetary head of account, Drawing and Disbursing Officer and the Chairperson of the Commission shall be its Principal Accounting Officer.]

[38. Composition.--(1) The composition of the District Public Safety Commission and Police Complaints Commission shall be as follows:

(a) one-third members shall be appointed by the Government from amongst the Members of the Provincial Assembly and National Assembly of the District concerned as ex-officio members, including a woman member:

Provided that where in a District, members of the Provincial Assembly or National Assembly fall short of the required number of such members, the vacant seat shall be allocated to independent members:

Provided further that in case of non-availability of a woman member of the Provincial Assembly or National Assembly in a District, the seat shall be allocated to a woman independent member;

(b) one-third members, of whom one shall be a woman, shall be appointed as independent members by the Government from a list of names recommended by the Selection Panel; and

(c) the remaining one-third members, out of whom one shall be a woman, shall be elected by the Zila Council from amongst its members on the basis of each member casting only one vote in favour of any contesting candidate through secret ballot.

Explanation.--For the purpose of this Article, the "District concerned" for women members of the Provincial Assembly and National Assembly shall, as far as possible, be on the basis of the District where they are registered as voters.

(2) In place of the members referred to in paragraphs (b) and (c) of clause (1), the elected or appointed members of the erstwhile District Public Safety Commission in the respective numbers holding office on the commencement of the Police Order (Amendment) Ordinance, 2004, shall continue to hold their offices till completion of their term of office as member of the District Public Safety and Police Complaints Commission.

(3) The Chairperson of the District Selection Panel shall conduct the election of the Chairman and members of the District Public Safety and Police Complaints Commission referred to in clause (1) of Article 39 and paragraph (c) of clause (1) of this Article.

(4) The names of the members of the Commission shall be notified in the Official Gazette.]

[39. Appointment of Chairperson.--(1) The Chairperson of the District Public Safety and Police Complaints Commission shall

be elected by the members from amongst themselves every three years:

Provided that the Chairperson of the District Public Safety Commission at the commencement of the Police Order (Amendment) Ordinance, 2004, shall continue to hold such office till completion of his term of office as Chairperson of the District Public Safety and Police Complaints Commission.

(2) The Chairperson of the District Public Safety and Police Complaints Commission shall be eligible for re-election for the second term.

(3) The Chairperson of the District Public Safety and Police Complaints Commission shall not be removed from his office save as provided for removal of a member of the Commission.

(4) The Chairperson shall be entitled to honoraria and privileges as may be determined by the Government.]

40. Meeting in the absence of the Chairperson.--In the absence of the Chairperson the District Public Safety [and Police Complaints] Commission shall elect one of its member to preside over a meeting.

41. Selection of independent members.--(1) There shall be a Selection Panel for independent members consisting of District and Sessions Judge who shall be its Chairperson and one nominee each of the Provincial Government and the [Provincial Public Safety and Police Complaints Commission]:

Provided that such nominee shall not be elected representative or public servant.

(2) The selection of independent members shall be by [majority vote, one of whom shall be the Chairperson of the Selection Panel].

(3) The selection process shall be completed within thirty days from the [occurrence of the vacancy].

(4) Independent members shall be of impeccable integrity and proven professional competence in such fields as social work, law, administration, education, corporate sector, etc.

[42. Functions of the Selection Panel.--The Selection Panel shall identify suitable candidates as well as invite applications and after scrutiny forward to the Government the names of persons twice the number of appointments to be made.]

43. Selection criteria of independent members.--A person shall be disqualified from becoming a member of District Public Safety [and Police Complaints] Commission if he--

(a) Is an activist of any political party or has held any representative office or has remained a Public servant in the six months immediately preceding such appointment;

(b) Is found suffering from physical or mental incapacity or illness;'

(d) Is not a citizen of Pakistan;

(e) Holds an office of profit in the service of Pakistan;

(f) Is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest;

(g) Has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct;

(h) Is convicted of a criminal offence;

(i) Has any conflict of interest; or

(j) Is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society.

[44. Powers and Functions of the District Public Safety and Police Complaints Commission.--(1) The District Public Safety and Police Complaints Commission shall exercise the powers and perform the following functions including those relating to complaints against the police officers serving in the District, except the Head of District Police, namely,--

(a) approve an annual Local Policing Plan prepared by the Head of District Police in coordination with the Zila Nazim setting out the arrangements for policing during the year:

Provided that such Policing Plan shall include--

(i) a statement of financial resources expected to be made available; and

(ii) performance targets for the year and their delivery mechanism;

(b) the District Public Safety and Police Complaints Commission shall submit an annual report to the Government through the Provincial Public Safety and Police Complaints Commission, inter alia, containing--

(i) an abstract relating to performance of the District Public Safety and Police Complaints Commission during the year;

(ii) a report on the functioning of the District Police;

(iii) a report on matters connected with the law and order in the District; and

(iv) a report on the implementation of the District Policing Plan;

(d) evaluate the delivery of performance targets contained in the Local Policing Plan on quarterly, basis and send half-yearly reports to the Provincial Government, Provincial Public Safety and Police Complaints Commission, Provincial Police Officer, Zila Nazim, Tehsil (Taluka) Nazim and Town Nazim;

(e) take steps to prevent the Police from engaging in any unlawful activity arising out of compliance with unlawful or mala fide orders;

(f) refer the matter in writing to the Provincial Government for appropriate action where the District Public Safety and Police Complaints Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and Head of District Police;

(g) direct the Head of District Police under clause (4) of Article 135 for disposal of unclaimed property in accordance with law;

(h) direct the Head of District Police in writing, where the District Public Safety and Police Complaints Commission has reasons to believe that the in-charge of the police station has unjustifiably refused or avoided to register the First Information Report, to conduct an inquiry into the matter and cause the registration of the First Information Report under Section 154 of the Code, if any cognizance case is made out from the allegations of the complainant and report to the District Public Safety and Police Complaints Commission within forty-eight hours the action taken by him;

(i) direct the Head of District Police Officer in writing to enquire into a complaint of neglect in general or by a functionary of a District Police in particular, and take appropriate action and report within the specified period;

(j) require, on a complaint of excess committed by any member of Federal Law Enforcement Agency or civil armed forces acting in aid of the district police, the appropriate authority of the concerned department in writing to take remedial action and report within a specified period and if no action is taken by the concerned authority, a reference may be made by the District Public Safety and Police Complaints Commission to the head of concerned organization or the Federal Police Complaints Authority for appropriate action;

(k) receive from an aggrieved person a complaint, in writing supported by an affidavit, of neglect, excess or misconduct against a Police Officer;

(l) take cognizance of such complaints as may fall within its competence and forward other complaints to the Provincial Public Safety and Police Complaints Commission; and

(m) in cases falling within the competence of the District Public Safety and Police Complaints Commission, it may--

(i) direct the Head of District Police Officer, in writing to take appropriate action and submit a report within a specified period; or

(ii) conduct a fact finding enquiry on its own by two or more of its members or through an officer serving in the District, not below the rank of Basic Pay Scale 18 and in case the complaint is found correct, send the inquiry report to the Head of District Police and direct him to take legal action against the delinquent Police Officer;

(iii) report the matter to the Provincial Government through the Provincial Public Safety and Police Complaints Commission for action under the appropriate law, where the Head of District Police does not submit a report or take action on the directions given by the District Public Safety and Police Complaints Commission;

(iv) inform the complainant of the outcome of the inquiry in writing as soon as possible; and

(v) direct the appropriate authority, in case of any frivolous, or vexatious complaint, to initiate action under the law against the complainant.

(2) The District Public Safety and Police Complaints Commission shall for the purpose of this Order, have the same powers as are vested in a Civil Court under the Code of Civil Procedure (Act V of 1908), in respect of the following matters, namely,--

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(d) issuing commission for the examination of witnesses.]

45. Terms of members of the District Public Safety [and Police Complaints] Commission.--(1) The term of office of a member shall be three years unless he resigns at any time before the expiry of his term or ceases to be a member of [the Provincial Assembly or National Assembly or, as the case may be] the Zila Council.

[(2) An independent member shall not be eligible for appointment as such member for a third term].

(3) Members shall be paid TA and DA for attending meetings, as per rules.

(4) Independent members may be paid honoraria as per rules.

[(5) * * *].

COMMENTARY

Petitioners had sought declaration that act of authorities avoiding to make payment of honoraria and TA/DA to them was illegal, mala fide, based on discrimination and without lawful authority. Petitioners had prayed for making payment of honoraria as provided under Art. 45 of Police Order, 2002. Advocate General had stated that he was not in a position to make positive statement as to when the Rules in terms of Art. 45 of Police Order, 2002 would be framed as said Rules were to be framed in consultation with the NRB. Effect. Provincial Government was directed by the High Court to frame proposed Rules in terms of Art. 45 of Police Order, 2002 and seek approval of NRB within specified period by sending it to NRB and in case NRB failed to approve proposed Rules, same would be published as if such Rules were approved by NRB while in the intervening period, petitioners and other members, who were entitled to TA/DA could be disbursed amount of Rs. 3000 per month as suggested by the department in the proposed summary. 2006 YLR 3132.

46. Removal of members.--The [Government on its] own volition or on the recommendation of the District Public Safety [and Police Complaints] Commission may remove a member from office if he—

(a) ceases to be a citizen of Pakistan;

(b) is found suffering from physical or mental incapacity or illness;

(d) is found to have dealt with any matter in which he had a conflict of interest;

(e) is convicted of a criminal offence;

(f) is declared a bankrupt, loan defaulter or tax evader;

(g) is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society;

(h) brings the District Public Safety [and Police Complaints] Commission into disrepute;

(i) fails to attend its three consecutive meetings without any reasonable cause.

47. Meetings and conduct of business of the District Public Safety [and Police Complaints] Commission.--(1) The business of the District Public Safety [and Police Complaints] Commission shall be conducted by the Commission in a meeting.

(2) The meeting may be convened by the Chairperson or on the requisition of three members.

(3) Quorum for a meeting of the District Public Safety [and Police Complaints] Commission shall be two third of its total membership.

(4) Members shall attend meetings of the Commission as and when required for which at least a week's notice, with agenda, shall be given. There shall be minimum of one meeting in a month provided an emergency meeting may be held at a short notice not exceeding twenty four hours.

(5) Decisions of the Commission shall be by simple majority.

(6) [Head of District Police or, in his absence his] deputy may be invited to attend a meeting, which he shall attend.

(7) The Commission may invite any expert for consultations on specific issues.

[(8) The rules of procedure for conduct of business of the Commission shall be made by the Government.]

48. Secretariat.--(1) The Government shall establish a permanent secretariat of the District Public Safety [and Police Complaints] Commission.

[(2) The Secretariat shall be headed by an officer not below Basic Pay Scale 18 who shall be appointed by the Provincial Government in consultation with the Chairperson of the Commission.

(3) The Secretariat shall consist of such number of officers and members of staff as the Government may in consultation with the Commission, determine from time to time.

(4) The terms and conditions of service of the officers and members of the staff of the District Public Safety and Police Complaints Commission shall be notified by the Government.

(5) The Chairperson of the Commission shall, with the approval of the Government engage the services of a legal advisor on full time basis.]

151. Penalty for unauthorized use of police uniform.--If any person not being a member of the police wears without authorisation, the uniform of police or any dress having the appearance or bearing any of the distinctive marks of police uniform, he shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine up to one hundred thousand rupees, or with both.

COMMENTARY

Specific role of causing injuries to deceased persons. Ocular account is not compatible with recovery of crime empties. Recovery of weapons were effected sent to the Forensic Science Laboratory for matching in absence of crime empties. All the five deceased persons and injured received 25 entrance wound in all on their person. Investigating Officer recovered 26 crime empties of Kalashnikov from the spot immediately on spot inspection after the occurrence. No crime empty of 244-or .303 bore rifles was recovered. All the injuries were result of one burst from Kalashnikov. Each appellant/accused was assigned role to cause injury to one person only, deceased or injured and such conduct is abnormal. Held: On account of change of initial version by the prosecution qua the appellants/accused and their presence in jail at the relevant time, earns them clean acquittal. Co-accused are old aged persons and were not expected to join hands at that age at midnight. Their physical remand was also not obtained by investigating officer on account of their old age and failing health. Prosecution failed to produce sufficient material to connect the appellants/accused with commission of crime beyond reasonable doubt. High Court while giving them benefit of doubt, accepted the appeal. PLJ 2008 Cr.C. (Lahore) 378.

152. Penalty for frivolous or vexatious complaint.--Any person who files a complaint against the police, which on enquiry by the [Federal] Police Complaints Authority is held frivolous or vexatious, shall be punished on conviction with imprisonment for six months, or with fine, which may extend to fifty thousand rupees, or with both.

153. Certain offences to be cognizable.--Notwithstanding anything contained in the Code, offences falling under Articles 148 to 152 shall be cognizable.

154. Power to try offences summarily.--The Court trying offences under this chapter shall have power to try such offences summarily in accordance with the procedure laid down for summary trial in the Code.

CHAPTER XVII

OFFENCES BY AND PUNISHMENTS FOR POLICE OFFICERS

155. Penalty for certain types of misconduct by Police Officers.--(1) Any Police Officer who--

(a) makes for obtaining release from service as Police Officer, a false statement or a statement which is misleading in material particulars or uses a false document for the purpose;

(b) is guilty of cowardice, or being a Police Officer of junior rank, resigns his office or withdraws himself from duties without permission;

(c) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey ;

(d) is guilty of any violation of duty;

(e) is found in a state of intoxication, while on duty;

(f) malingers or feigns or voluntarily causes hurt to himself with the intention to render himself unfit for duty;

(g) is grossly insubordinate to his superior officer or uses criminal force against a superior officer; or

(h) engages himself or participates in any demonstration, procession or strike or resorts to or in any way abets any form of strike or coercion or physical duress to force any authority to concede anything,

shall, on conviction, for every such offence be punished with imprisonment for a term which may extend to three years and with fine.

(2) Prosecution under this Article shall require a report on writing by an officer authorized in his behalf under the rules [to be made by the Government].

COMMENTARY

Declaration of innocent accused had destroyed the case of complainant. Case was registered against four persons qua the murder. Alleged made ineffective firing and raised lalkara. Complainant filed a private complaint against accused. Bar of. Validity. Preliminar evidence, FIR and other documents produced before High Court. No injury was attributed to the accused who were declared innocent. Deceased received only one fire-arm injury which was attributed to absconder. If after recording of evidence in murder case, the trial Court comes to conclusion that the accused had declared innocent with malafide intention or with some ulterior motive, then it can order for prosecution u/S. 155 of the Police Order. S. 155(2) of Police Order, is a bar on filing a private complainant. PLJ 2008 Cr.C. (Lahore) 234.

156. Penalty for vexatious entry, search, arrest, seizure of property, torture, etc.

Whoever, being a Police Officer--

(a) without lawful authority, or reasonable cause, enters or searches or causes to be entered or searched any building, vessel, tent or place;

(b) vexatiously and unnecessarily seizes the property of any person;

(d) inflicts torture or violence to any person in his custody;

shall, for every such offence, on conviction, be punished with imprisonment for a term, which may extend to five years and with fine.

157. Penalty for unnecessary delay in producing arrested persons in Courts.--Any Police Officer who vexatiously and unnecessarily delays the forwarding to a Court or to any other authority to whom he is legally bound to forward any arrested person, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine.

CHAPTER XVIII

NATIONAL POLICE MANAGEMENT BOARD

158. Establishment.--The Federal Government shall establish National Police Management Board.

159. Composition.--The National Police Management Board shall consist of the following heads of the police establishments and the Federal Law Enforcement Agencies :--

(a) Provincial Police Officers of Punjab, Sindh, NWFP and Balochistan;

(b) Inspectors-General of Railways Police, Pakistan Motorway and Highway Police, Northern Areas and AJK;

(d) Directors-General of Federal Investigation Agency and Anti-Narcotics Force;

(e) Commandants of National Police Academy and Frontier Constabulary;

(f) Director General of National Police Bureau (Member Secretary); and

(g) any other member that the Federal Government may nominate.

160. Functions of the National Police Management Board.--The National Police Management Board shall perform the following functions, namely :--

(a) advise the Federal and Provincial Governments on matters concerning general planning, development and standardisation of administration, education and training, gender sensitisation, communications, criminal identification facilities, criminal statistics and equipment of police and other law enforcement agencies;

(b) identify and arrange research in the areas of criminology, terrorism, sectarian and ethnic violence, drug trafficking, organised crime, inter-provincial crime, crime having international dimensions, etc.;

(c) recommend Federal Government grants to various police organizations and Federal Law Enforcement Agencies of enhancing their operational capabilities;

(d) recommend steps for securing inter-governmental and inter-agency assistance to ensure a comprehensive and cohesive arrangement for crime control and internal security;

(e) recommend to the Federal and Provincial Governments standards of recruitment, appointment, promotions, transfers, tenure and discipline;

(f) develop standing operating procedures based on internationally accepted good practices for adoption by the Police and Law Enforcement Agencies in the country to improve their performance; and

(g) any other duties that the Federal Government may assign to it.

160. Functions of the National Police Management Board.--The National Police Management Board shall perform the following functions, namely :--

(c) recommend Federal Government grants to various police organizations and Federal Law Enforcement Agencies of enhancing their operational capabilities;

(d) recommend steps for securing inter-governmental and inter-agency assistance to ensure a comprehensive and cohesive arrangement for crime control and internal security;

(e) recommend to the Federal and Provincial Governments standards of recruitment, appointment, promotions, transfers, tenure and discipline;

(f) develop standing operating procedures based on internationally accepted good practices for adoption by the Police and Law Enforcement Agencies in the country to improve their performance; and

(g) any other duties that the Federal Government may assign to it.

161. Meeting and conduct of business of the Board.--(1) Normally two meetings shall be held in a year. Meetings may, however, be convened by the Secretary of the board on the requisition by half of the members of the board.

(2) Quorum for the meeting will be three quarters of the total membership and no participation by proxy shall be allowed.

(3) Members shall attend the meetings as and when required for which at least one month's notice, with agenda shall be given.

(4) The meetings shall be presided over by the senior most member present.

(5) The Board may invite any expert for consultations.

162. National Police Bureau.--(1) A National Police Bureau headed by a Director General not below the rank of Additional Inspector General of Police shall be established.

(2) The National Police Bureau shall function as permanent secretariat of the National Public Safety Commission and the National Police Management Board.

(3) The Government shall determine the organization of the National Police Bureau and provide such number of staff as it may determine from time to time.

(4) The National Police Bureau shall perform research and development functions as assigned to it by the National Police Management Board and the National Public Safety Commission.

(5) Perform such other functions as may be assigned to it by the Government.

(6) The National Police Bureau as secretariat to the National Public Safety Commission shall function independent but for all other functions the Bureau shall be under the Interior Division.

CHAPTER XIX

MISCELLANEOUS

163. Provision of advice and assistance to International Organizations etc.--The Police may provide advice and assistance to an International Organization or to any other person or body engaged in investigation of criminal cases outside Pakistan with the permission of the Government.

164. Coordination by Federal Government.--The Federal Government shall coordinate for the purpose of efficiency in the police administration among general police areas falling under the Federal or the Provincial Governments.

165. Constitution of Promotion Boards etc.--Subject to rules, promotion of Police Officers of the provincial police shall be made on the recommendations of the departmental promotion committees/promotion boards:

Provided that the departmental promotion committees/ promotion boards shall be headed by an officers not below the rank of--

(a) Assistant Superintendent of Police or Deputy Superintendent of Police for promotion to the rank of Head Constable;

(b) Superintendent of Police for promotion to the rank of Assistant Sub-Inspector and Sub-Inspector;

(d) Additional Inspector General of Police for promotion to the rank of Deputy Superintendent of Police; and

(e) Inspector General for promotion to the rank of Superintendent of Police.

166. Criminal Statistics and reports.--(1) The Provincial Government shall at such times and in such form as the Federal Government may direct, transmit statistic and reports to the Federal Government with respect to officers, offenders, criminal proceedings and the sate of law and order in the Province as the Federal Government may require.

(2) The Federal Government shall cause a consolidated abstract of the information transmitted to it under Clause (1) to be prepared and laid before the National Assembly.

(3) The Federal Government may require a Provincial Government to submit reports on such matters as may be specified in the requirements on matters connected with police performance.

(4) A requirement under Clause (3) may specify the form in which a report is to be submitted.

(5) The Provincial Government may direct the submission of such reports and returns by the Provincial Police Officers and other Police Officers as it may deem proper and may prescribe the form in which such returns shall be made.

167. Maintenance of Daily Diary at a Police Station.--(1) A register of Daily Diary shall be maintained at every Police Station in such form as shall, from time to time, be prescribed and to record therein the names of all complainants, persons arrested, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.

(2) The District and Sessions Judge of the district may call for and inspect such Diary.

168. Citizen Police Liaison Committees.--The Government may establish Citizen Police Liaison Committees as voluntary, self financing and autonomous bodies, in consultation with National Public Safety Commission or Provincial Public Safety [and Police Complaints] Commission, as the case may be, for--

(a) training and capacity building of [members and staff of the] Commission;

(b) developing mechanism for liaison between aggrieved citizens and police for providing relief; and

(c) assistance to [Commissions, Federal] Police Complaints Authority and the police for the expeditious and judicious discharge of their duties.

169. Public Safety fund.--(1) The Government may, by notification in the Official Gazette, constitute Public Safety Fund at the Provincial and District levels consisting of--

(a) Grants made by the Federal Government, the Provincial Government and the District Governments to the police.

(b) Contributions made in cash or kind by the public for the improvement of police service delivery to be credited to District Public Safety Fund.

(2) The Provincial Government may credit one-half of the sums of the traffic fines to the Provincial Public Safety Fund.

(3) All receipts mentioned in sub-clauses (a) and (b) of Clause (1) and Clause (2) may be credited to the Provincial or District Public Safety Fund as the case may be under a Head of Account in the Public Account duly authorised by the Controller General of Accounts.

(4) The Fund shall be non-lapsable.

(5) Accounts shall be kept of payments made into or out of this fund, which shall be audited by the Auditor General at the end of each financial year.

(6) The Public Safety Fund at Provincial level shall be operated by the Provincial Public Safety [and Police Complaints] Commission and at the district level by the District Public Safety [and Police Complaints] Commission subject to any rules and regulations made under this Order.

(7) The Public Safety Fund shall be applied for the purpose of :--

(a) improving facilities for public and service delivery at Police stations.

(b) improving traffic police; and

170. Officers holding charge of or succeeding to vacancies competent to exercise powers.--Whenever in consequence of the office of Head of District Police becoming vacant, any officer who holds charge of such post or succeeds either temporarily or permanently to his office under the orders of the competent appointing authority, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Order on Capital City Police Officer, City Police Officer or District Police Officer.

171. No Police Officer to be liable to any penalty or payment of damages on account of acts done in good faith in pursuance of duty.--No Police Officer shall be liable to any penalty or to payment of damages on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Order or any other law for the time being in force or any rule, order or direction made or given therein.

172. Suits or prosecutions in respect of acts done under colour of duty not to be entertained if not instituted within the prescribed period.--In case of an alleged offence by a Police Officer, or a wrong alleged to have been done by him or by any act done under colour of duty or in exercise of any such duty or authority of this Order or when it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted after more than six months from the date of the action complained of.

173. Notice of suit to be given with sufficient description of wrong complained of.--(1) In the case of an intended suit on account of an alleged wrong referred to in Article 172 by a Police Officer, the person intending to sue shall give two month's notice as prescribed in Section 80 of Civil Procedure Code 1908, of the intended suit with sufficient description of the wrong complained of.

(2) The provisions of Section 80 of the Civil Procedure Code, 1908, shall mutatis mutandis apply to the notice referred to in Clause (1).

174. Licences and written permissions to specify conditions, etc.--Any licence or written permission granted under the provisions of this Order shall specify the period, locality, conditions and restrictions subject to which the same is granted and shall be given under the signature of the competent authority.

175. Revocation of licence or permission.--Any licence or written permission granted under this Order may at any time be suspended or revoked by the competent authority after due notice if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.

176. When licence or permission is revoked, the grantee would be deemed to be without licence.--When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Order, deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.

177. Grantee to produce licence and written permission when required.--Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same if so required by a Police Officer.

178. Public notices how to be given.--Any public notice required to be given under any of the provisions of this Order shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in local newspapers in regional languages and English or Urdu, as the said authority may deem fit, or by electronic media, or by any two or more of these means and by any other means it may think suitable.

179. Consent of competent authority how to be proved.--Whenever under this Order, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by the competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be evidence thereof.

180. Signature on notices may be stamped.--Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Order, or by any rule hereunder, to bear the stamp and the signature of Head of District Police and it shall be deemed to be properly signed if it is a facsimile of the document bearing his signature.

181. Persons interested may apply to annual, reverse or alter any rule or order.--In the case of any rule or order made under an authority conferred by this Order and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any interested person to apply to the authority issuing such rule or order to annul, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable:

Provided that the appropriate government shall exercise jurisdiction for revision against such orders.

182. Notification of rules and regulations in the Official Gazette.--Every rule and regulation made under this Order shall be made by notification in the Official Gazette.

183. Powers to prosecute under any other law not affected.--Nothing contained in this Order shall be construed to prevent any person from being prosecuted under any other law for the time being in force for any offence made punishable under this Order.

184. Power to amend.--Without prejudice to the power of the Federal Government to amend this Order, any Provincial Government may, with the approval of their Chief Executive of the Islamic Republic of Pakistan, amend, vary or modify any provision of this Order relating to the Province on the basis of its specific requirements and circumstances.

185. Repeal and savings.--(1) The Police Act, 1861, (V of 18961), hereinafter referred to as the said Act, is hereby repealed :

186. Existing police deemed to be constituted under this Order.--Without prejudice to the provisions contained in Article 185, the police functioning in the Provinces and in Islamabad Capital Territory immediately before the commencement of this Order shall on such commencement be deemed to be police constituted under this Order.

187. Power to remove difficulties.--(1) If any difficulty arises in giving effect to the provisions of this Order, the Government may, by notification in the Official Gazette, make such provisions as appear to be necessary or expedient for removing the difficulty :

Provided that no such notification shall be issued after the expiry of two years from the commencement of this Order.

(2) Every notification issued under this Article shall be laid before the Parliament or the Provincial Assembly, as the case may be.

Provided that--

(a) all rules prescribed, appointments made, powers conferred, orders made or passed, consent, permit, permission of licences given, summons or warrants issued or served, persons, arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under the said Act shall, so far as they are consistent with this Order, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred hereunder:

(b) all references made to the said Act or in any law or instrument shall be construed as references to the corresponding provisions of this Order.

(2) Notwithstanding the repeal of the said Act, the repeal shall not--

(a) affect the validity, invalidity, effect or consequence of anything duly done or suffered under the said Act;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act;

(c) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any act or offence committed against the said Act;

(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforce, and any such penalty, forfeiture or punishment may be imposed, as if the said Act has not been repealed; and

(e) affect any proceeding pending in any Court or before any authority under the said Act, and any such proceeding and any appeal or revision arising out of such proceeding shall be continued, instituted or disposed of, as if the said Act had not been repealed.

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SHOUKAT LAW ASSOCIATES

Chief Executive Order 22, Police Order 2002

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