In Pakistan, if you face police misconduct such as abuse of power or illegal detention, you have several avenues to file a complaint. Here’s a step-by-step guide:
1. Police Complaint Authorities
Both federal and provincial levels have Police Complaints Authorities:
- Federal Police Complaints Authority: This is for complaints against members of Federal Law Enforcement Agencies, as per THE POLICE ORDER 2002, Article 97 and Article 100.
- Provincial Police Complaints Authority: Each province establishes its own authority to address complaints against the police, as outlined in THE POLICE ORDER 2002, Article 103 and Article 106.
Functions of these authorities include:
*Receiving complaints from aggrieved persons or District Public Safety Commissions. *Processing complaints and referring ordinary cases for action, while initiating action on serious cases. *Preserving evidence related to incidents like death, rape, or serious injury in police custody. *Directing departmental action or registration of criminal cases based on inquiry findings. *Informing the complainant of the inquiry outcome in writing.
2. District Public Safety and Police Complaints Commission (if applicable)
- In Sindh, the District Public Safety and Police Complaints Commission, as per the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002) (Amendment) Act, 2019, Section 44, can:
- Direct the Senior Superintendent of Police to register an FIR if a police station in-charge unjustifiably refuses to do so.
- Direct inquiries into complaints of neglect.
- Take cognizance of complaints against police officers.
- Conduct fact-finding inquiries and direct legal action against delinquent officers.
3. Filing a First Information Report (FIR)
- You can file an FIR at the local police station. ZAFAR IQBAL Versus S.S.P. SAHIWAL and 8 others, 1992 P Cr. L J 722, reinforces the mandatory nature of Section 154 Cr.P.C., compelling police officers to register cases when presented with information disclosing a cognizable offense.
- If the police refuse to register an FIR, you can approach the District Public Safety and Police Complaints Commission (in Sindh) or seek directives from the courts.
4. Approaching the IG Office or Senior Police Officers
- You can also directly approach the Inspector General (IG) of Police or other senior police officers with your complaint.
- Senior officers are responsible for addressing complaints of neglect and excess by the police, as highlighted in THE POLICE ORDER 2002, Article 35.
5. Seeking Redressal Through Courts
- Habeas Corpus Petition: If someone is illegally detained, a habeas corpus petition can be filed under Section 491 of the Criminal Procedure Code (Cr.P.C.).
- Malik NOOR AHMAD Versus STATION HOUSE OFFICER, POLICE STATION. RUKKANPUR, DISTRICT RAHIMYAR KHAN, 2010 YLR 476, reinforces the importance of lawful arrest and detention procedures.
- The court can order the release of an illegally detained person and direct registration of a criminal case against the responsible police officers.
- Constitutional Petition: Article 199 of the Constitution of Pakistan allows you to file a constitutional petition in the High Court for redressal of grievances, particularly concerning fundamental rights.
- MUHAMMAD RAFI Versus S.P. and others, 2004 PCr.LJ 1489, emphasizes the importance of accountability for police officials and ensures that allegations of high-handedness and misuse of power are thoroughly investigated and prosecuted.
- Private Complaint: Instead of relying on the police to register a case, you can file a private complaint directly with the court.
- Mst. AISHA BIBI—Petitioner versus DEPUTY INSPECTOR-GENERAL POLICE, MULTAN and 2 others—Respondents, PLD 1997 Lahore 184, suggests that filing a private complaint is an adequate and often better remedy, especially in cases of alleged police misconduct.
6. Notice of Suit
- As per THE POLICE ORDER 2002, Article 173, if you intend to sue a police officer for an alleged wrong, you must provide two months’ notice as prescribed in Section 80 of the Civil Procedure Code, 1908, including a sufficient description of the wrong.
Illustrative Examples from Judgments:
- GHULAM SHAHBAZ versus STATION HOUSE OFFICER, POLICE STATION SADDAR KEHROR PACCA, MULTAN and another, PLD 1991 Lahore 241: The court took action against police officials involved in illegal detention and torture, emphasizing accountability.
- Muhammad Islam v. S.H.O., Police Station Dijkot, 1990 PCr.L J 1384: The court directed the S.H.O. to register a case against a police officer found guilty of wrongful confinement.
- Yara v. S.H.O, 2001 MLD 1773: The court ordered the prosecution of police officials who falsely implicated an individual in case diaries.
Key Considerations:
- Prompt Action: It is crucial to take action promptly to address police misconduct.
- Evidence: Gather as much evidence as possible to support your complaint, including medical reports, witness statements, and any other relevant documentation.
- Legal Assistance: Consider seeking legal assistance to navigate the process effectively.
By following these steps, you can effectively file a complaint against police misconduct and seek appropriate redressal under Pakistani law.