Police under political thumb after amendment

In a move widely seen as an attempt to erode institutional independence, the Khyber-Pakhtunkhwa (K-P) administration has amended the 2017 Police Act, placing the province's law enforcement firmly under the thumb of political authority.

Under the revised law, police authority shifts to the Chief Minister, transforming what was once a largely autonomous force into one answerable to local officials and a newly created Public Complaints Authority (PCA). This body, comprising retired judges, bureaucrats, civil society figures, and members of the provincial and national assemblies, now has the mandate to oversee the actions of officers ranging from constables to Grade 18 personnel. Experts familiar with the development have raised concerns that police operations may become entangled in political agendas, potentially undermining impartiality.

Dismissing doubts about the controversy surrounding the move, Provincial Law Minister Aftab Alam told The Express Tribune that although the police were given powers, there was no system of checks and balances. "This amendment to the Police Act 2017 was introduced for accountability and transparency. Now, the police will be directly answerable to public representatives and the Chief Minister," claimed Alam, who further revealed that the PCA will include four provincial assembly members from the government and three from the opposition, as well as retired bureaucrats, judges, civil society and local representatives, making up a 15-member authority.

On the other hand, a senior Grade 19 officer, speaking anonymously to the Express Tribune, was of the opinion that the current K-P government had made amendments to the Police Act 2017 within 24 hours based on the wishes of 'certain' political representatives.

"This hasty decision will have negative consequences for the public. The police department was not consulted on the amendments, and the opinions of both serving and retired officers were excluded. Under the Police Act 2017, the police were already answerable through the Public Safety Commission, which was never operationalized by the government. Now, they have come up with the new Public Complaints Authority," lamented the officer, who felt that entangling police officers in political investigations would hinder the maintenance of security in the province.

"Apart from monitoring, transfers and postings for officers from Grade 18 to Additional IG and DIGs will also be under the Chief Minister's control," added Alam, the law minister.

Expressing his disapproval, the senior police officer believed that due to this amendment the K-P police, comprising 115,000 personnel, would now face potential logistical issues since the direct recruitment of DSPs could disrupt the promotion of over 600 inspectors.

The officers' sentiments have been shared by more than 60 per cent of K-P police officers who too have expressed their concerns about the amendment to the Police Act 2017, with many in the department, which is currently on the front line against terrorism, feeling deeply dissatisfied.

Addressing the discontent, Former K-P IG Akhtar Ali Shah felt that there was no harm in giving the Chief Minister authority over police investigations and anti-terrorism performance.

"The police could enhance performance by improving investigation under the Anti-Terrorism Act and the Criminal Procedure Code to ensure justice and public convenience. Since the government provides the police budget, and both the government and assembly are accountable to the public, there is no harm in giving authority to the Chief Minister," maintained Shah.

Shah's assurances were unable to placate the former IG Motorways and former IG Sindh Iftikhar Rashid who felt that if subordinate officers were not answerable to the police head, the institution would be destroyed. "In 2021, a similar amendment had been proposed but the Forum of Former IGs wrote to the Prime Minister, halting its culmination. However, taking power away from the uniformed force again is beyond comprehension. We will approach the courts if police powers are taken back," said Rashid.