January 15, 2019 08:03 AM NPT
By: Ashok Dahal
Province can recruit up to inspector
KATHMANDU, Jan 15: The government has drafted a new law to ensure coordination between federal and provincial police with a provision to deploy both the police by the chief district officer (CDO).
The bill drafted by the Home Ministry has proposed that Internal Affairs Ministry of the province concerned will oversee the provincial police but they will be deployed by the CDOs of the districts concerned.
The government proposal to allow the CDOs to deploy both the federal and provincial police comes amid demand by provincial governments to minimize the role of the CDOs.
“A CDO can deploy the provincial police, in line with the existing laws, for maintaining law and order in the district concerned. The province police should work as per the instructions of the CDO,” reads section 6 (4) of the bill. Sub-section 7 of the bill has further explained that provincial police should work in line with the policies of the government of Nepal and instructions of the CDO. Section 15 of the bill has stated that the CDO will also deploy the federal police known as Nepal Police.
According to the bill, Nepal Police should work in coordination with the police in the province concerned while carrying out investigations and other tasks in the province.
When both the federal and provincial police are deployed jointly, the latter should follow the instructions of the former, according to the draft. The provincial police will have the authority to make arrests, investigate suspects and prosecute the suspects in certain cases as per the Civil Criminal Procedure Act.
Following endorsement of the bill by the parliament, the government will adjust its personnel at the provincial police organizations in the same manner as the ongoing civil servants adjustment at the provincial and local levels. Endorsement of the bill will pave the way for the provincial government to enact the provincial police act, which was a major demand of the chief ministers during the Inter-Province Meeting held last month.
The bill has proposed that provincial police can recruit staffers up to the inspector while other senior positions in the province will be adjusted from the federal police or Nepal Police. Although the bill doesn’t mention the rank of the chief of the province police, security experts say a deputy inspector general (DIG) may head the province police. The bill has stated that the government will finalize the organizational layers, insignia and uniform of the provincial police through regulations later.
The bill has also proposed forming a Police Coordination Committee to work as coordinator between the federal and province police. The committee will be headed by the home minister. Internal affairs ministers of seven provinces, home secretary, chief of Nepal Police and home secretary will be members of the committee.
The law has proposed authorizing the provincial police to purchase arms and ammunition for its use with due consent from the federal police. Likewise the government has proposed in the bill that Nepal Police should open door for the provincial police to take part in international peace-keeping missions including that of the United Nations (UN).
Provincial police should coordinate with the Nepal Police while using information and communications related technologies and the provincial police will need to submit report on their activities every month to the Internal Affairs Ministry of the province concerned and the Nepal Police.