The Role of Police in the Criminal Justice System of Pakistan a Historical Perspective and Contemporary Analysis

Abstract

The police play a crucial role in maintaining law and order, enforcing laws, and investigating offences, essential for protecting human rights. Fair and accountable policing is vital for effective rule of law. Inefficiencies and misuse of discretionary powers by police mostly harm individual’s freedoms. The discretionary power of police u/s 54 and 55 of Cr.P.C is for quick responses but often misused. This unchecked authority mostly leads to rights violations, raising critical questions about constitutionality and citizens’ liberties in a free society. Arrest through Handcuff is humiliation to some degree. Humiliation of person is contrary and inconsistent with the fundamental right of dignity guaranteed by Article 14 (1) of the Constitution of Pakistan. The foremost key directive from Pakistan’s founding father, Muhammad Ali Jinnah, called for immediate reforms, aiming to depoliticize and professionalize the police force. Despite various reform efforts, political interference, corruption and inadequate training have hindered the police from fulfilling their mandate, especially in investigation. The Supreme Court of Pakistan has reaffirmed the necessity of fair and accountable policing as essential for upholding fundamental rights emphasizing that an independent, politically neutral and competent police force is crucial for the rule of law. Separating investigation from other police functions was a great initiative and a milestone for making police professional, yet not fully utilized. This Article explores historical prospects of police organization and analyzes the various factors leading to defective investigations which ultimately lead to high acquittal rates. It also analyzes various reform attempts, including the Police Order 2002, which sought to separate investigation from other police functions. This study argues that meaningful reforms require structural changes and strong political will.