K-P to challenge PHC ruling on Police Act

Law Minister Aftab Alam strongly criticised the ruling in social media post

PESHAWAR:

The Khyber-Pakhtunkhwa government has announced its intention to challenge a recent Peshawar High Court (PHC) decision in the Supreme Court of Pakistan after the court declared key 2024 amendments to the Khyber-Pakhtunkhwa Police Act, 2017, unconstitutional.

On Friday, PHC, in a detailed judgment, struck down provisions of the Khyber-Pakhtunkhwa Police (Amendment) Act, 2024, that required the chief minister's approval for postings and transfers of police officers in BPS-18 and above. The court also invalidated changes that removed the Inspector General of Police's (IGP, also referred to as the Provincial Police Officer) statutory authority to appoint field commanders, such as SSPs, SPs, and DPOs.

The court restored three provisions from the original 2017 Act that empowered the IGP in postings, while upholding other sections, including one related to the chief minister's directive authority in certain matters.

Provincial Law Minister Aftab Alam, in a statement on social media, strongly criticized the ruling, calling it a violation of the Constitution's preamble, its basic structure, and the spirit of democracy. He argued that the decision infringed on the constitutional powers of elected representatives. Citing Article 129, which vests executive authority in the chief minister and provincial cabinet, and Article 137, which extends this to matters like policing and internal security, the minister maintained that the amendments aligned with democratic oversight rather than granting unchecked autonomy to unelected officials.