Police Rules 1934 Pakistan by ANK

Police Rules 1934 – Chapter 1 (2/2) : Organisation PART II

Police Rules 1934 – Chapter 1 : Organisation PART II

Back to Part I of Chapter 1: Organisation

RELATIONS BETWEEN POLICE AND MAGISTRATES

 1-14.    The Commissioner – The Commissioner exercised through his district Magistrates a general control over the administration of his division in criminal as in other matters, and is specially responsible for the maintenance of co-operation between the police and the magistracy. 9[* * * *]. He is expected to give attention to special reports and measures for dealing with special types of crime, [4]0[* * * *] the location of additional police quartered in disturbed areas and the work of the prosecuting agency. 

It is the duty of the Deputy Inspector General of the range to keep the Commissioner of the division fully informed of tall matters of importance concerning the efficiency of the police and the state of crime. 

1-15.    The District Magistrate – The District Magistrate is the head of the criminal administration of the district, and the police force is the instrument provided by government to enable him to enforce his authority and fulfil his responsibility for the maintenance of law and order. The police force in a district is, therefore, placed by law under the general control and direction of the District Magistrate who is responsible that it carries out its duties in such a manner that effective protection is afforded to the public against lawlessness and disorder. 

In the exercise of this control the district Magistrate is required to inspect police stations. He shall exercise no executive authority in matter which concern solely the internal administration and training of the force, or in questions of discipline as between police officers and their departmental superiors, but his general control extends to all other matters. In all that affects the relations between the police and the public or the keeping of the public peace, the District Magistrate must be consulted and his orders complied with. 

He may (a) require the Superintendent to furnish him with any documents relating to the conduct of any subordinate enrolled police officer in any case in which the conduct or character of such police officer is likely to affect his dealings with the public or the prevention and detection of crime; (b) direct the Superintendent to enquire into any allegation of misconduct or neglect of duty on the part of any subordinate enrolled police officer in any case in which such misconduct or neglect of duty affects, or is likely to affect, such officer’s dealings with public, or the prevention and detection of crime, and to submit the record to superior police authority ; and (c) direct the Superintendent to furnish information on any matter connected with crime, the criminal classes, the prevention of disorder or the distribution of the police force, or on any other matter not connected solely with the internal administration of the force.

It exercising his powers of control, the district Magistrate should avoid doing anything to weaken the authority of the Superintendent. All communications between the District Magistrate and the police shall, whenever possible, be conveyed through, and all instructions and orders to them shall similarly be issued from, the Superintendent.

NOTE

The above rule covers the position of district Magistrates in relation to the railway police. The District Magistrate has no departmental authority over such police, but his responsibility for the criminal administration of his district includes that portion of the railway police jurisdiction which lies within it. He has, therefore, the same authority to call for information and to inspect police stations which he has in respect of the district police, and the same interest in the prevention, detection and prosecution of railway crime as in the in the case of district crime.

1-16.    Duties of Superintendent towards District Magistrate –  The primary duty of the Superintendent of Police is to afford the District Magistrate the utmost possible assistance, both himself and through the police force under his command, in the preservation of the peace and the prevention or detection of crime. He shall keep in close and constant personal touch with the district Magistrate and shall keep him fully and promptly informed both by personal conference and by written reports, of all matters relating to crime and public order. While it is his duty to initiate action of the police in such matter, he must keep the District Magistrate informed and be guided by his orders.

            The Superintendent of Police shall keep the District Magistrate informed of his movements generally when away from headquarters, and shall conform to his wishes should the District Magistrate, for reasons connected with the criminal administration of the district, require the Superintendent of Police to proceed to any place in the district or to remain at headquarters at any time.

1-17.    Authority of District Magistrate in regard to postings, & c – All postings, removals and transfers of officers in charge of police stations within a district, shall be made by the Superintendent with the approval of the District Magistrate. 

            If the district Magistrate considers the presence of a police officer of or below the rank of sub-inspector prejudicial to the welfare of the locality in which he is posted, he may direct his transfer elsewhere within the district. In the case of dis-satisfaction with the work or conduct of officers above the rank of sub-inspector, District Magistrate shall communicate their complaint to the Deputy Inspector General of the range.

1-18.    Sub-divisional and subordinate Magistrates – The authority of a sub-divisional or a subordinate magistrate over the police is strictly limited to the powers given him by law in the exercise of his judicial functions. Any adverse comments on the proceedings of the police, which he may make, shall be communicated to the Superintendent through the District Magistrate. Similarly, if he considers that any police officer should be called on to explain his conduct, he shall report the facts of the case to the District Magistrate, who will take such action, as he considers necessary.

1-19.    Sub-divisional and subordinate Magistrate – Co-operation with – Sub-divisional and subordinate are held strictly responsible, under the control of the District Magistrate, for the maintenance of the peace of the area which is made over so their charge; though they have no extra-judicial authority over the police, they are not merely Judges. The law gives them many more powers than those required for hearing cases, and they are interested in every crime in their jurisdiction from the moment of its commission. The maintenance of law and order and the suppression of crime depend upon the join efforts of the public, the magistracy and the police and not upon the energy of any one of these alone. The most intimate and friendly co-operation between the police and the magistracy as a whole, and between particular magistrates and the police stationed in the area of their jurisdiction, is essential. Superintendents of Police must encourage such co-operation by every means and must sternly check all contrary tendencies. Gazetted officers and upper subordinates should cultivate friendly personal relations with all magistrates with whom their work brings them in contact, and every opportunity should be taken to keep magistrates informed of the state of crime in their ilagas. Conferences between magistrates and police officers, at which difficulties on either side can be discussed and remedies devised, should be encouraged; police officers coming in with chalans should frequently take the opportunity of obtaining an interview with the ilaga Magistrate and discussing with him the state of crime in their jurisdictions; and prosecuting officers, who form a valuable link between the investigating officer and the magistracy, should be instructed to pass on to magistrates any information of interest of importance regarding criminal matters of which they may be aware. (See also Rules 21.1 and 21.2) 

NOTE 

            The remarks of the Indian Police Commission, 1902-03, on the subject of relations between the police and magistrates are published as Appendix 1-19.

1-20.    Rights of sub-division and subordinate Magistrates to inspect police records – Sub-Divisional and subordinate magistrates are not authorized to inspect police stations or to record remarks or criticisms in inspection books provided that the District Magistrate, which the concurrence of the Deputy Inspector-General, may permit a Sub-divisional Magistrate, who is a senior Assistant Commission, to make such inspectors, and to record his remarks in the inspection book. A Sub-divisional, or Ilaqa Magistrate, may, however, in his executive capacity, call for any of the records and registered which deal with crime for a police station, and may request the officer in charge of a police station to come to him and explain them. The orders of Government regulating the production of police records in courts of law are contained in rules 27-24. 

1-21.    Police to obey all orders issued in judicial capacity – The police shall obey and execute all lawful orders issued to them by judicial officers in the exercise of the powers conferred on them by law.

           1.21. [5]1[1.21.A (1) Appointment of Citizens of Committees to over see the working of Police Station:  The Federal Government may, by notification in the official Gazette, constitution one or more committees, in the Islamabad Capital Territory, to be known as the Citizens and Police Liaison is Committees to visit and oversee the working of police station or station specified in such notifications.

(2) The Committee referred to in sub-rule (1) shall consist of such number of members not exceeding seven as may be appointed by the Federal Government.

(3) The members of the Committee shall be appointed from amongst the : —

(a)        Retired Sessions Judges or Additional Sessions Judges;

(b)        Advocates; and

©         persons of eminence having standing in business, finance, education or public service.

(4) One of the members shall be appointed as the Convenor of the Committee.

(5) A member of the committee shall hold office at the pleasure of Federal Government but he may at any time, resign from membership by addressing a letter to the Government.

(6) The Committee shall visit a Police Station at least once a month and on every such visit the Committee shall consist of at least one third of its total membership.

(7) The Police Officer concerned shall given due response to the Committee and render all possible assistance and extend full cooperation to the committee in connection with the discharge of its functions under these rules.

(8)  The Federal Government may from time to time given such directions, as it considers necessary for the guidance and compliance by the Committee.

(9) Any matter required to be decided by the Committee shall be decided by majority of votes in a meeting convened and presided over by the Convenor.

(10) The functions of the Committee shall be :

(a)        to satisfy itself that FIRs are duly registered and no FIR is refused illegally;

(b)        to find out if dilatory tactics are being adopted by the investigation officers in investigating the cases;

©         to find out if the processes are being served properly;

(d)       to collect statics of various kind s of cases registered and disposed of during a specified period;

(e)        to find out if all the Registered required to be maintained at a Police Station are being properly and regularly maintained.

(f)        to find out if any person is unlawfully and unauthorizedly detained at the Police Station.

(g)        to assist the police in taking steps for preservation of the peace and the prevention or detection of crimes, particularly trafficking in drugs and arms ammunitions;

(h)        to see that no gambling den or any other unauthorized or illegal business is being carried out in the area;

(i)         to report the acts of misconduct or neglect of duty on the part of any police officers; and

(j)         to perform such other functions as may be assigned by the Government.

Appendix no. 1-10

form of gazette notification altering

police stations jurisdiction

2[6][No change in the jurisdiction of Police Stations effective till a Gazette Notification that been published by the Provincial Government. The Notification should show the complete jurisdiction of affected Police Stations for convenience of the Police. Care should be taken to see that the jurisdiction of the Police Station does not cut across the boundaries of the Civil Sub-Division in which the Police Station is located]

The Governor in Council is please, under the provisions of clause (5) of sub-section (1) of section 4 of the Code of Criminal Procedure, to direct the transfer of the villages enumerated in column 3 of the sub-joined schedule, and situated in the zails mentioned in column 2, from the local areas of the police station mentioned in column to the local areas of the police stations mentioned in column 5 thereof, with effect from the date of the issue of this notification :-

SCHEDULE

 

1 2 3 4 5
Sr.No Name of Zila Name of village contained in zail specified in column 2 Police stations in which heretofore included Police station to which transferred by this notification

 

  1. Recommendations for alterations in police stations jurisdictions shall be supported by the following information :-

(a)        A map on which the proposed alterations are clearly marked.

(b)        A statement showing the crime for the past three years of the police stations affected, with an explanation of the effect on these figures of the changes proposed.

(c)        A statement showing area and population of the police stations affected as before and after the proposed change.

 

13[7][3.    “In framing such proposals the main object should be to secure an even and manageable distribution of crime between police stations, accessibility between police station and its villages, and the police station and court of the Magistrate incharge of the jurisdiction.

 

Appendix no. 1-19

 

extract from the report of the Indian police commission, 1902-03

 

  1.            *                      *                     *                       *

 

This is the connection which the law intends to exist between the magistrate empowered to take cognizance of police cases and the police. It involves the first information being sent to this magistrate, his being able to watch the case from the first, to order investigation where the police are not investigating, or to investigation up to the very last. His connection with the case is intended to begin with the first information and to continue to the end; through out he is intended to exercise an intelligent interest in the. These provisions are very generally lost sight of. The intention of the law is defeated when the first information is sent, not as required by section 157 to the magistrate having jurisdiction, but nominally to the District Magistrate, really to a prosecuting inspector or other official at the headquarters, who files it until the case is sent up finally for trial. It is also defeated when the magistrate assumes what he imagines to be a judicial attitude, and never looks at a paper or takes any interest in the case until it comes before him in court, and proceeds to dispose of it with regard only to what is put before him by the parties without any effort to do what more he can to arrive at the truth. A valuable check on police work and valuable powers in criminal administration are thus lost.

 

  1. The intention of the law is that the police and the magistracy should work together, the former investigating the case for the magistrate, and the latter conducting the magisterial enquiry or trial, weighing the evidence collected by the police, sifting further any points that have been missed or inadequately treated, hearing all that the accused has to say or adduce on his own behalf, and deciding the case in the interest of truth and justice.

 

  1.                        *                      *                     *                       *

 

The courts should be encouraged to take notice of any misconduct on the part of a police office, or of any reasonable suspicion that he has been guilty of such misconduct. Unless such misconduct is established after hearing any explanation the police officer concerned may have to offer, or unless reference to it is necessary for the elucidation of the case, it is only just to him that no notice of it should be taken in the judgment; but a separate note should be at once forwarded to the District Magistrate, who should pay due attention to it, conducing by competent and impartial agency any enquiry that may be necessary, and absolving from blame any police officer who may after all be found innocent of fault, but taking adequate notice of any misconduct that may be established.

NOTE

            The principles enunciated in the concluding portion of the above quotation have been accepted by the Provincial Government and are embodied in Chief Court Circular No. 7-3428-G, of 19th September 1903, which reads as follows:-

Chief Court Circular No. 7-3428-G, dated the 19th September 1903.

Dated Lahore, the 19th September 1903.

 

To – All Sessions Judges, District Magistrates and Subordinate Criminal Courts in the Punjab.

 

The attention of the presiding officers of all criminal courts is called to the following extract from the proceedings of His Honour the Lieutenant-Governor of the Punjab in the Home (Police) Department, No. 1632-S, dated 30th August 1903:-

 

“ The Lieutenant-Governor agrees with the Inspector-General of Police that it is undesirable for magistrates to make remarks in criminal cases censuring the action of police officers unless such remarks are strictly relevant to the case and the officers concerned have had an opportunity of explaining their action. If remarks to which exception can be taken come to the notice of the Inspector General of Police, they should be referred for the orders of the Lieutenant-Governor, who will invite the attention of the Hon’able Judges of the Chief Court to any case in which action can appropriately be taken.”

 

The Hon’able Judges trust that all courts will be careful in future to observe the rule laid down in these remarks. District Magistrates should themselves take whatever action seems desirable in any case coming to their notice in which the spirit of the rule has been infringed by any court subordinate to them.

 

  1. Omitted

 

The courts should be encouraged to take notice of any misconduct on the part of a police office, or of any reasonable suspicion that he has been guilty of such misconduct. Unless such misconduct is established after hearing any explanation the police officer concerned may have to offer, or unless reference to it is necessary for the elucidation of the case, it is only just to him that no notice of it should be taken in the judgment; but a separate note should be at once forwarded to the District Magistrate, who should pay due attention to it, conducing by competent and impartial agency any enquiry that may be necessary, and absolving from blame any police officer who may after all be found innocent of fault, but taking adequate notice of any misconduct that may be established.

 

NOTE

            The principles enunciated in the concluding portion of the above quotation have been accepted by the Provincial Government and are embodied in Chief Court Circular No. 7-3428-G, of 19th September 1903, which reads as follows:-

 

Chief Court Circular No. 7-3428-G, dated the 19th September 1903.

Dated Lahore, the 19th September 1903.

 

To – All Sessions Judges, District Magistrates and Subordinate Criminal Courts in the Punjab.

 

The attention of the presiding officers of all criminal courts is called to the following extract from the proceedings of His Honour the Lieutenant-Governor of the Punjab in the Home (Police) Department, No. 1632-S, dated 30th August 1903:-

 

“ The Lieutenant-Governor agrees with the Inspector-General of Police that it is undesirable for magistrates to make remarks in criminal cases censuring the action of police officers unless such remarks are strictly relevant to the case and the officers concerned have had an opportunity of explaining their action. If remarks to which exception can be taken come to the notice of the Inspector General of Police, they should be referred for the orders of the Lieutenant-Governor, who will invite the attention of the Hon’able Judges of the Chief Court to any case in which action can appropriately be taken.”

 

The Hon’able Judges trust that all courts will be careful in future to observe the rule laid down in these remarks. District Magistrates should themselves take whatever action seems desirable in any case coming to their notice in which the spirit of the rule has been infringed by any court subordinate to them.

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