A Police
Officer Who Chose Conscience Over Force
Dr
Shabir Choudhry, 3 September, London
There are times when an individual's character
becomes visible in the most difficult circumstances.
A senior police officer of Azad Jammu and Kashmir, Mr
Sajjad Hussain, DIG Counter-Terrorism, was suspended and is facing a disciplinary
action, not because of some wrongdoing, but because he refused to take drastic
action against the peaceful protestors who were demanding fundamental rights.
The proposed police action could surely have resulted in the death of innocent
people.
What makes this case particularly significant is
the account I have received about the circumstances surrounding that action. I
have been told that Mr Sajjad Hussain has a good reputation and is a thorough
gentleman. He is a decent, respectable and professional person. That is why the
information surrounding his case has particularly concerned me.
The order
to act against the protesters
During the confrontation between the authorities
and the Joint Awami Action Committee (JAAC) in Rawalakot, the situation became
extremely tense. The government had decided to take strong action against the
movement for fundamental rights.
According to the account available to me, this
senior police officer was instructed by the Inspector General of Police to
conduct an operation against the Action Committee and the people who were
supporting their campaign for justice and fundamental rights.
The officer reportedly expressed his unwillingness
to carry out an armed operation in which innocent people could be killed. If
this account is correct, then his position raises an important question:
What should a police officer do when he believes
that carrying out an order may result in the death of many innocent people?
Should he simply obey because the order has come
from a superior officer? Or does he have a professional and moral
responsibility to protect the lives of citizens? Of course, this is not an easy
question.
A police officer has a duty to maintain law and
order. He must also obey lawful orders from his superiors. But the fundamental
purpose of policing is to protect people, not to treat the population as
an enemy and kill them indiscriminately.
The
official notification
The notification produced by the authorities is
important because it provides documentary evidence that disciplinary action was
taken against this officer.
The document refers to the relevant provisions of
the AJK Police Rules, 1977, and records the departmental action against him. However,
we should be precise about what the document establishes.
The notification establishes that disciplinary
action was taken. It does not, by itself, establish every detail of the
circumstances leading to that action.
The additional information—that the officer had
been asked to conduct an operation against the Action Committee and expressed
concern that innocent people could be killed—is information that I have
received separately. I strongly believe that this matter should be
independently investigated and made public.
If the officer was punished because he refused to
take part in an operation that he believed could result in the killing of
innocent civilians, then this would be a matter of considerable public
importance.
What
happened in Rawalakot?
The wider events in Rawalakot cannot be understood
simply by accepting one side's narrative.
The authorities accused the JAAC and some of its
supporters of violence and attacks against law-enforcement personnel.
Government and police statements alleged that armed elements were involved. The
fact is that it is the men in uniform who were firing at the innocent civilians,
which reportedly resulted in the deaths of more than 100 civilians, and there
were also reports of dozens of injuries.
At the same time, the JAAC and its supporters
disputed aspects of the official account and accused the authorities of using
excessive force against protesters.
Because of these competing accounts, an independent
and credible investigation is particularly important.
If protesters attacked police or security
personnel, those responsible should be identified and dealt with according to
law. But if security personnel used excessive or unlawful force against
peaceful protesters, those responsible should likewise be held accountable. The
law must apply to everyone.
A police
officer is not a soldier fighting an enemy
There is an important distinction that should never
be forgotten. A soldier fighting an enemy in a war operates under a different
set of circumstances from a police officer dealing with citizens inside the
territory he is sworn to protect.
A protester is not automatically an enemy. A
political activist is not automatically a terrorist. And a person demanding his
rights does not automatically become a threat to the state.
Of course, if an individual becomes violent,
attacks another person, carries an illegal weapon or commits a criminal
offence, the law should take its course.
But the existence of violence by some individuals
cannot justify indiscriminate action against everyone. This is where the
professionalism and judgement of senior police officers become particularly
important.
The courage
to say no
It is easy to obey an order. It can be much more
difficult to say:
“I cannot do this if innocent people may be
killed.”
A person who says this may face consequences. He
may lose his position, face disciplinary proceedings, damage his career or
become unpopular with those in power.
But there are occasions when a person's conscience
becomes more important than his career. If the account concerning this officer
is correct, then he deserves at least to have his case heard fairly and
transparently.
He should not be condemned merely for refusing to
participate in an action that he believed could result in innocent deaths.
The state
must listen to its own officers
There is another lesson here for those who govern this
region of Jammu and Kashmir. Senior police officers are not simply instruments
for implementing political decisions.
They are trained professionals. They understand the
ground situation. They know their officers, their communities and the potential
consequences of using force.
A wise government should listen to professional
advice, particularly when that advice concerns the possible loss of civilian
life. If a senior police officer tells his superiors that an operation could
result in innocent people being killed, the appropriate response should surely
be to ask:
How can we achieve our objective without putting
innocent lives at risk? That should be the starting point for
discussion—not punishment.
Dialogue is
better than force
The events surrounding the JAAC confrontation also
demonstrate a much larger problem. Political disputes cannot normally be solved
permanently through police action. The ruling elite of Pakistan and their
puppets in Pakistani-controlled Kashmir must understand that with your power
and force:
·
You may disperse a demonstration.
·
You may arrest activists.
·
You may impose restrictions.
·
You may deploy additional troops to kill and
intimidate people.
·
But none of these measures necessarily resolve the
underlying grievances.
·
Eventually, the government and those raising the
grievances have to sit down and talk.
Force may produce temporary silence, but silence is
not the same as peace. Dialogue is not a sign of weakness. It is often the
strongest instrument available to a government.
My personal
reason for writing this
I will support all citizens of Pakistani-controlled
Kashmir who are treated wrongly by the Pakistani officials or their puppets. I
will protect and enhance their fundamental rights
As noted above, I know where DIG Mr Sajjad Hussain
comes from. His village is only a few miles from my village. He is a local man.
Many of my friends and family members know him or studied with him, and they
tell me that he is a thorough gentleman.
However, it does not mean that he should be
considered above the law. Nor does it mean that every decision he has made in
his professional career must automatically be regarded as correct. But it does
mean that his character and his version of events deserve to be heard.
Let the
truth come out
I am not asking anyone to accept my account simply
because I have written it. I am asking for transparency. If this officer was suspende
for legitimate professional misconduct, let the authorities explain what he did
wrong.
If he disobeyed a lawful order without
justification, let the departmental proceedings explain the circumstances.
But if he was punished because he refused to
participate in a military-style operation to crush this campaign of the local
people for their fundamental rights because he feared that innocent citizens
might be killed, as it happened in the past, then the public deserves to know
that as well.
The complete departmental record should be made
available, subject to legitimate legal and privacy considerations. An
independent investigation should establish what orders were issued, who issued
them, what the officer's response was, what action was subsequently taken
against him, and why.
The truth should not be afraid of investigation.
And if a police officer really did put the lives of
innocent people before his own career, then perhaps we should ask ourselves
whether we have been looking at the wrong person as the problem. Perhaps the
officer was not failing in his duty; and the Pakistani IG Police was the
wrongdoer in this case.
Perhaps Mr Sajjad Hussain was reminding those above
him what the duty of a police officer actually is. Surely, the duty of police
is not to kill and intimidate innocent people who peacefully demand their
fundamental rights.
A uniform gives a person authority. But it does not
take away his conscience.
And in difficult times, a society needs public
servants who dare to say no when they believe that innocent human beings
may pay the price. END.
Dr Shabir Choudhry is a
London-based political analyst, author, and expert on South Asian affairs, with
a focus on Pakistan, Afghanistan, and Kashmir. Email:
drshabirchoudhry@gmail.com