PESHAWAR (Kamran Ali Shah): The Peshawar High Court (PHC) has declared the amendments made in 2024 to the Khyber Pakhtunkhwa Police Act of 2017 null and void. A written decision was issued in response to a petition challenging these amendments, authored by Justice SM Atiq Shah.
In its ruling, the court stated that it is unconstitutional to make the appointments of senior police officers in grades 18 and above solely dependent on the approval of the Chief Minister. The court also declared it illegal to withdraw the legal authority to appoint field commanders from the Inspector General of Police (IGP).
According to the court’s decision, these amendments undermine the practical autonomy of the police and create opportunities for the police to be used for political purposes. The court emphasised that within the constitutional framework, supervision of the administration should be limited to guidance on policy, while day-to-day administration, including postings and transfers, should remain under the control of the IGP. This structure is essential for maintaining coordination and discipline within the police force.
The court further asserted that the apolitical and practically autonomous status of the police is a constitutional requirement, as such autonomy is vital for the protection of fundamental rights, fair trials, and equality. Additionally, the ruling stated that the general powers of the Chief Minister are limited to policy matters and do not extend to the appointment or transfer of individual officers.
By bypassing the IGP and granting control to field commanders, these amendments disrupt the established command structure. Ultimately, the court clarified that the responsibility for law enforcement rests with the IGP, who is accountable only to the law.
