K-P to Supreme Court over PHC Police Act ruling

The Khyber-Pakhtunkhwa government has escalated its dispute with a recent court ruling by filing an appeal against a decision declaring key 2024 amendments to the Khyber-Pakhtunkhwa Police Act, 2017 unconstitutional. On Friday, the Peshawar High Court (PHC) invalidated provisions mandating the chief minister’s approval for postings and transfers of police officers in BPS-18 and above. These changes also dismantled authority previously held by the Inspector General of Police (IGP), stripping them of their ability to appoint field commanders such as SSPs, SPs, and District Police Officers (DPOs).

The court reinstated three original provisions that gave IGP authority in personnel postings while upholding other sections. One pertained to the chief minister’s directive role, a decision the court deemed democratic.

In response, Khyber-Pakhtunkhwa’s Provincial Law Minister Aftab Alam vehemently disagreed with the PHC’s ruling. He issued a statement criticizing it as unconstitutional and inconsistent with Pakistan’s Constitution, arguing that such amendments violated basic structural integrity and undermined democratic principles. Citing Article 129, which vests executive authority in the chief minister and provincial cabinet, and Article 137, extending this to matters like policing and internal security, Alam argued that these measures did not grant unchecked power but rather aligned with robust oversight structures.

Criticism was also levelled against the PHC’s decision, suggesting it disregarded the spirit of democracy. The government now aims to challenge this ruling in the Supreme Court of Pakistan, aiming to restore what they perceive as the constitutional balance and democratic governance over police authority in Khyber-Pakhtunkhwa.