KP Govt to Challenge PHC Police Act Ruling. The Khyber Pakhtunkhwa (KP) government has decided to challenge the Peshawar High Court (PHC) verdict on the Police Act in the Supreme Court of Pakistan, escalating the legal and constitutional debate over police reforms and executive authority in the province.
The decision comes after the Peshawar High Court declared amendments made to the KP Police Act 2017 through the KP Police (Amendment) Act 2024 as unconstitutional, a move strongly opposed by the provincial government and legislature.
KP Government Decision to Approach Supreme Court
Provincial Law Minister Aftab Alam confirmed that the KP government will file an appeal in the Supreme Court under relevant constitutional provisions. He stated that the PHC’s ruling undermines the constitutional authority of democratically elected representatives and weakens the mandate of the provincial government.
According to the law minister, declaring the Police Act amendments null and void contradicts the preamble of the Constitution of Pakistan, which emphasizes democratic governance and the supremacy of elected institutions.
Law Minister Calls Verdict a Blow to Democracy
Aftab Alam maintained that the court’s decision amounts to judicial overreach and violates constitutional limits. He argued that the verdict interferes with the policy-making powers of the executive and legislature, which are constitutionally empowered to enact laws.
“The ruling directly impacts the democratic system by restricting the authority of the provincial government and assembly,” he said, adding that both the KP government and the provincial assembly unanimously reject the verdict.
Government Terms PHC Ruling Judicial Overreach
The provincial law minister further stressed that the government considers the decision a direct blow to democratic governance. He asserted that courts should interpret the law but must not intrude into areas reserved for elected governments, especially matters related to administrative and policy reforms.
The KP government believes that the amendments were introduced lawfully and with the intention of improving governance and accountability within the police department.
Advocate General Declares Verdict Unconstitutional
Separately, KP Advocate General Shah Faisal Utmankhel also criticized the PHC ruling, calling it unconstitutional, unlawful, and unilateral. Speaking to the media, he said that the verdict was issued without giving all concerned parties a proper opportunity to present their arguments.
He pointed out that several parties named in the petition were not heard, which, according to him, violates fundamental principles of justice and due process.
Judiciary Should Not Interfere in Executive Policy Matters
The Advocate General emphasized that the judiciary should refrain from interfering in executive policy decisions, particularly those related to governance reforms. He said the police reforms fall within the domain of the provincial government, and judicial intervention in such matters disrupts administrative functioning.
He confirmed that the ruling would be challenged before the federal constitutional court, asserting that the Supreme Court is the appropriate forum to decide the matter conclusively.
PHC Strikes Down Police Act Amendments
It is pertinent to note that the Peshawar High Court on Wednesday struck down amendments introduced through the KP Police (Amendment) Act 2024 to the KP Police Act 2017, declaring them unconstitutional.
The judgment was delivered by a division bench comprising Chief Justice SM Atiq Shah and Justice Muhammad Ijaz Khan, who ruled against the changes made to police appointment procedures.
Amendments Related to Senior Police Appointments
The struck-down amendments had made the appointment of senior police officers (BS-18 and above) subject to the approval of the chief minister. Additionally, the changes withdrew the legal authority of the Inspector General of Police (IGP) to appoint field commanders.
The court found these changes problematic, stating that they compromised the independence of the police force.
Court Observations on Political Influence in Police
In its detailed verdict, the PHC observed that the amendments attempted to turn the police into a tool of political expediency rather than an institution governed strictly by law.
The court held that such interference runs contrary to the Constitution and undermines the principle of an independent and professional police force.
Executive Role Limited to Oversight, Says Court
The PHC further clarified that under Pakistan’s constitutional framework, the executive’s role over the police is limited to oversight. This oversight, the court said, should be confined to policy formulation and general supervision, not direct control over appointments and postings.
The bench emphasized that excessive executive influence could erode public trust in law enforcement institutions.
Legal and Political Implications Ahead
The KP government’s decision to challenge the verdict in the Supreme Court sets the stage for a major constitutional battle over the balance of power between the judiciary, executive, and legislature.
Legal experts believe the Supreme Court’s ruling will have far-reaching implications, not only for police reforms in KP but also for governance structures across Pakistan.
Conclusion
The KP government’s move to challenge the Peshawar High Court’s Police Act ruling highlights deep divisions over judicial authority and executive powers. While the court has emphasized police independence, the provincial government insists that the verdict undermines democratic decision-making.
