PESHAWAR: While issuing a detailed verdict of 28- page relating to Khyber Pakiunkhwa Police Amendment Act 2024, Chief Justice of the Peshawar High Court (PHC) Justice SM Atiq Shah has declared the Amended Act unconstitutional, ruling that several provisions of the law undermine police autonomy and violate constitutional principles.
In the judgment, the court held that making appointments of police officers in grade 18 and above subject to the approval of the chief minister is against the Constitution. The court also ruled that withdrawing the authority to appoint field commanders from the Inspector General of Police (IGP) is illegal. The verdict stated that the amendments severely damage the command structure and discipline of the police force. It observed that by introducing political control over appointments, transfers and postings, the law effectively eliminated the practical autonomy of the police and exposed the institution to political pressure.
The court emphasized that under the constitutional framework, administrative supervision should be confined to policy guidance only. Transfers and postings, it said, must remain under the control of the police chief to ensure coherence in command and effective law enforcement. The judgment further noted that a non-political and practically autonomous police force is a constitutional requirement and that police autonomy is essential for the protection of fundamental rights, the right to a fair trial and equality before the law.
The court clarified that the general authority of the chief minister is limited to policymaking and does not extend to the appointment or transfer of police officers. It warned that bypassing the IGP and shifting control to field commanders weakens the entire law enforcement system. According to the verdict, the ultimate responsibility for maintaining law and order rests with the police chief, who remains answerable before the law.
