PESHAWAR: The Khyber Pakhtunkhwa police chief on Friday got back powers, after more than a year, to post officers in senior grades without seeking the approval of the chief minister, as the Peshawar High Court (PHC) struck down amendments to the Khyber Pakhtunkhwa Police Act that had curtailed the authority of the inspector general of police (IGP).
The KP police chief had lost these powers in late 2024 after the provincial government amended the KP Police Act, transferring the authority to post officers in grade 18 and above from the IGP to the chief minister. In a writ petition, the PHC declared the amendments null and void, ruling that handing over the authority of transfers and postings of officers in grade 18 and above to the chief minister amounted to limiting the autonomy of the police force.
A division bench comprising Chief Justice Attique Shah and Justice Muhammad Ijaz Khan issued the order on a petition filed by Barrister Muhammad Yousuf.
The bench annulled the Khyber Pakhtunkhwa Police (Amendment) Act, 2024, and restored the authority of the IGP.
The court observed that bringing the police under political influence was not only against the spirit of the Constitution but also posed a serious threat to the fundamental rights of citizens.
It noted that making the appointment of officers in grade 18 and above subject to the approval of the chief minister, and withdrawing the legal authority of the IGP to appoint field commanders, was tantamount to weakening the command structure of the force.
In its 28-page verdict, the court observed that such measures rendered the police subservient to political interests rather than the rule of law.
It held that interference in day-to-day administrative matters, including transfers, postings and field command, was beyond constitutional jurisdiction and undermined the professional status of the police.
The division bench ruled that a non-political, empowered and autonomous police force was a constitutional necessity, as the role of the police was directly linked to the protection of citizens’ fundamental rights.
The verdict added that when field command becomes dependent on political approval, citizens’ right to life (Article 9), right to a fair trial (Article 10-A) and right to equality (Article 25) are seriously threatened.
A number of police officers had strongly opposed the amendments, arguing that they were aimed at weakening the police command.
They claimed the changes would reverse key reforms introduced during the first PTI government in KP under then chief minister Pervez Khattak.
The KP cabinet had later approved the curtailment of the IGP’s powers regarding postings and transfers above the rank of superintendent of police , including regional and district police chiefs, unit heads and additional inspectors general. Following the amendments, there was also a proposal to establish an inspectorate at the Civil Secretariat to oversee the affairs of the police force.
The amendments covered investigation, the Public Safety Commission, accountability mechanisms and other aspects of policing.
The KP government officials had defended the amendments, claiming these would improve policing in the province. However, police officers warned that the changes would disrupt service delivery, particularly in KP, where security challenges remain severe.
Police officials maintained that politicians and bureaucrats had long sought to weaken a force that was depoliticised and strengthened by then IGP Nasir Khan Durrani, with the backing of PTI founder Imran Khan and then chief minister Pervez Khattak.
