BY: M. Ilyas
PESHAWAR – A bill to amend the Khyber Pakhtunkhwa Police Act 2017 has been presented in the KP Assembly, aiming to establish an independent system for the oversight and accountability of law enforcement agencies in the province. This bill introduces an effective mechanism for addressing public complaints against the police to improve the rule of law and restore public trust. The necessity of this bill stems from the aim to enhance police performance, effectively protect public rights, and elevate the professional standards of the police force. Through this bill, existing flaws in law enforcement agencies’ performance will be addressed, and a transparent and impartial system for resolving public complaints will be established. The bill states that if a complaint is made against a police officer and indicates a violation of law or code of conduct, the relevant police officer will record the complaint. If the complaint is not recordable, the complainant will be informed. The bill also outlines the types of recordable complaints, which include failure to register an FIR, lack of response to a help call, excessive use of force, and use of rude or derogatory language. Recordable complaints include incidents where police officers have failed to fulfill their legal or ethical obligations. The most significant complaints involve failing to register cases, not responding to calls for help, using unnecessary force, and committing acts of violence against individuals. Additionally, incidents where an individual dies or suffers severe injuries while in police custody, deaths or injuries due to police negligence, and traffic accidents involving police will also warrant independent inquiries. Under this bill, complaints will be investigated according to their nature, either through local, monitored, directed, or independent inquiries. A local inquiry will be conducted by an impartial police officer who is not subordinate to the complainant or the officer against whom the complaint is made. In a monitored inquiry, the police officer will operate under the guidance and supervision of the police authority, while a directed inquiry will be carried out under the authority’s instructions. An independent inquiry will be conducted by the police authority itself and will be specific to cases involving loss of public life or severe injuries. Independent inquiries are specifically designated for incidents where a person dies or suffers severe injuries as a result of contact with a police officer. Additionally, deaths or injuries in police custody, and accidents involving police personnel will be included in the scope of independent inquiries. Furthermore, incidents where police officers are accused of land grabbing or providing illegal support to individuals will also be investigated through independent inquiries. Each inquiry report will include recommendations for actions against officers who have committed omissions or errors in their duties. These actions may include developing a corrective plan for the police officer, compensating the complainant, disciplinary measures, or initiating criminal proceedings. According to the bill, in cases of local and monitored inquiries, the final decision on actions will be made by the relevant authority, while for directed and independent inquiries, prior approval from the police authority will be necessary for actions. If the authority and the government cannot agree on actions, the government will make the final decision, although the authority will be given the opportunity to present its position. The bill grants the police authority the powers to investigate any individual or police personnel, collect evidence, and record during the inquiry. The authority will keep sensitive information confidential; however, if this information is cited in the inquiry, it will be mentioned in the inquiry report. Under the bill, the police are required to keep the complainant informed about the outcomes of the complaint and notify them about any right to appeal. If a complaint is not recorded or no action is taken against police officers, the complainant can appeal this decision to the police authority. The bill grants the complainant the right to appeal against decisions not to record complaints against police officers, not to forward complaints to the authority, or to halt inquiries. Additionally, the complainant can directly submit a complaint to the Chief Minister, who will make a decision at their discretion. The stated objectives of this bill indicate that these amendments will improve the professional conduct of the police and make law enforcement more effective. It will also facilitate the timely and transparent resolution of public complaints against the police, thereby enhancing public trust and fostering better relationships between the police and the community. The bill provides the government the authority to formulate rules and regulations under this act through a notification in the official gazette, as well as issue guidelines for improving the registration and inquiry process for complaints against the police. Under the bill, the police authority will present its performance report to the government at the end of each financial year, which will be submitted to the provincial assembly within three months. This report will include details about police performance, the results of inquiries, and actions taken against police officers. Through this bill, the Khyber Pakhtunkhwa government intends to make the police system more accountable and transparent to ensure the protection of public lives, property, and dignity in the province.
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