When we talk about law enforcement in Pakistan, the Police Order, 2002 is the most critical piece of legislation to understand. It completely replaced the colonial-era Police Act of 1861, marking a massive shift in how the police are supposed to function—moving from a "force" used to rule, to a "service" designed to help.
Whether you are a law student (LL.B), a CSS/PMS aspirant, or a citizen wanting to know your rights, understanding the foundation of this law is essential.
In this post, we will break down the Preamble (Introduction/Purpose) and Article 1 of the Police Order, 2002 to understand why it was created and where it applies.
The Preamble: Why Was the Police Order, 2002 Enacted?
Every major law begins with a preamble. Think of the preamble as the "Mission Statement" of the law. It tells us the intent of the lawmakers.
The Preamble of the Police Order, 2002, outlines several failures of the previous system and sets new goals. Here is a breakdown of the key objectives mentioned in the introduction of the Act:
1. Constitutional Obligation
The law explicitly states that the police have a duty to function according to the Constitution of Pakistan and the democratic aspirations of the people. This means the police cannot act as a law unto themselves; they are bound by the supreme law of the land.
2. Shift to a "Service-Oriented" Role
This is perhaps the most significant phrase in the Preamble. The law admits that the functioning of the police requires it to be:
- Professional
- Service-Oriented
- Accountable to the people
3. Redefining Duties
The Preamble notes that it is "expedient to redefine the police role." The world has changed since 1861, and modern policing requires new definitions of duties, specifically regarding the efficient prevention and detection of crime.
4. Public Order
Finally, the Preamble emphasizes the maintenance of public order. This was enacted by the Chief Executive (General Pervez Musharraf) under the Proclamation of Emergency, citing that immediate action was necessary to reconstruct the police.
Article 1: Title, Extent, and Commencement
Once we understand the purpose (Preamble), we look at the first official Article, which sets the technical boundaries of the law.
The Text of Article 1
(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 governments assume office in the said territory].
Explanation of Article 1
Let's simplify what these three subsections mean for a law student or general reader:
1. The Name (Title)The official legal citation for this document is the Police Order, 2002. In legal drafts and court cases, it is referred to by this name.
2. Where does it apply? (Extent)Article 1(2) states that it extends to the whole of Pakistan.
However, it is important to note that since the 18th Amendment to the Constitution, "law and order" is largely a provincial subject. While the Police Order 2002 was a federal law meant for the whole country, different provinces have since adopted it with their own amendments (or reverted to older laws in some contexts). But conceptually, the Order was designed as a nationwide framework.
- General Rule: It came into force "at once" (on August 14, 2002).
- The Exception: There is a specific bracketed text regarding the Islamabad Capital Territory (ICT). In Islamabad, the law was set to be enforced only when local governments assumed office in that territory. This highlights the link between the Police Order 2002 and the Local Government reforms of that era.
Key Takeaways for Students
If you are preparing for an exam, memorize these key points about the start of this Act:
- Date of Promulgation: August 14, 2002.
- Promulgated by: Chief Executive of Pakistan (Order No. 22 of 2002).
- Core Philosophy: To convert the Police from a Ruler-centric force to a People-centric service.
- Scope: Applies to the whole of Pakistan.
Conclusion
The Police Order, 2002, was a revolutionary step on paper. It acknowledged that the police needed to be professional and accountable. While the implementation has faced challenges over the years, the Preamble remains the gold standard for what the Pakistani police should be.
In the next blog post, we will dive into Chapter II, discussing the specific definitions and hierarchy of the police force.
Frequently Asked Questions (FAQ)
Q: Who promulgated the Police Order 2002?
A: It was promulgated by the Chief Executive of Pakistan, General Pervez Musharraf, as Chief Executive’s Order No. 22 of 2002.
Q: Does the Police Order 2002 apply to Punjab and Sindh?
A: Yes, structurally it applies, though provinces have made amendments. For example, Sindh revived the 1861 Act briefly and then moved towards its own version, while Punjab largely follows the 2002 Order with amendments.
Q: What is the main difference between the 1861 Act and the 2002 Order?
A: The 1861 Act focused on control and authority, while the 2002 Order focuses on service, accountability, and democratic aspirations.
Disclaimer: This content is for educational purposes only and does not constitute legal advice.
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