LAHORE:
The incumbent inspector general of police (IGP) has informed the Supreme Court (SC) that 12 police chiefs have been posted in Punjab since 2014, with the average tenure being eight months.
In compliance with the apex court’s November 23 order, the IGP submitted a report regarding the posting tenure of the police chief and subordinate officers to the level of station house officers (SHO).
The report says that 103 RPOs were posted in 10 divisions of Punjab since 2014. Their average tenure is 9.6 months. Similarly, 395 district police officers (DPO) were appointed in 35 districts of Punjab since 2014. Their average tenure is 8.5 months.
During the last hearing, the counsel for the petitioner submitted that the police force in a province provides an essential service to the public: it includes, inter alia, maintenance of peace and order in society and prevention, detection and investigation of offences. The role of the police force is critical for maintaining social stability and peace in society, the petitioner stated, adding that a police force that is independent, efficient, and enjoys the trust of the people promotes a healthy society. He also submitted that there are 36 districts in Punjab.
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He said that during the last four years, each of the districts has witnessed transfers of the DPO, who is the fulcrum of the police force administration and for the conduct of criminal investigation in every district. The consolidated average tenure of service of all the DPOs during the last four years in all the districts of Punjab is 5.86 months, he added.
“On the other hand, Article 15(2) of the Police Order, 2002 (“Police Order”) provides for a tenure of three years for the post of DPO. Article (15)(3) of the Police Order allows early transfer of a DPO in case of inefficiency or ineffectiveness but with the concurrence of both the District Government Head and the District Public Service Safety Commission,” the petition stated. “The provincial government has failed to follow the statutory command and is in continuous breach of Article 15 ibid.”
Likewise, the petition shows that the average tenure of an IGP in the Province of Punjab during the said period is 6.25 months. In this regard Article 12 of the Police Order prescribes that the term of office of a provincial police officer and a capital police officer shall be three years, it added.
The counsel added that the frequent transfer of police officers in Punjab has occurred on account of political influence/intervention. He has highlighted the recent instance of the transfer of the lady DPO in District Layyah allegedly on account of political intervention.
Frequent transfer of administrative heads of the police force of districts, metropolitan cities and provinces affects the command structure of the force and its capability to effectively render public service in accordance with the law, the pettion stated, adding that resultantly, the performance of the criminal justice system is diminished thereby injuring the quality of life of the ordinary citizen.
Moreover, insecurity of tenure leads to a tendency among police officers to seek political patronage for promotion or retaining important posts which in turn worsens the service fibre, it further stated.
A three-judge bench of the apex court, in its order on November 23, noted that the issue at hand concerns the enforcement of citizens’ fundamental right to life and liberty quite apart from the lawful enforcement of the Police Order in the Province.
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In view of the above-mentioned facts the conditions of Article 184(3) are duly complied, it added.
The order said that the police force cannot be made an instrument for the promotion of vested/elite interests. Integrity, independence and trustworthiness are crucial attributes of the police force for ensuring peace in and smooth functioning of the society, it added. Securing such conditions is a priority for the police force in the entire country, it further stated.
According to the order, in the first instance, a notice should be issued to the provincial police officers and home secretaries of the governments in all the provinces and the Islamabad Capital Territory (ICT) administration.
They shall, through their respective officers, furnish data for the last eight years on the criteria and pattern tabulated in the petition, it added. Punjab shall also file its reply to the allegations made in this petition, it further stated.
The bench will now resume hearing on Thursday.
