- In a 28-page judgment authored by PHC CJ, court warns law would turn police into a ‘political tool’
- Holds IGP’s authority over transfers and postings, observing CM can’t control postings of senior police officers
- Emphasizes ‘apolitical’ police force declared constitutional requirement
PESHAWAR: The Peshawar High Court (PHC) on Saturday declared the Khyber Pakhtunkhwa Police Amendment Act 2024 null and void, observing that the impugned law risked transforming the police force into a “political tool” and undermining its constitutional role.
In a 28-page written judgment authored by Chief Justice SM Atiq Shah, the court held that the provincial government’s attempt to subject the appointment and posting of senior police officers to the approval of the Chief Minister was unconstitutional. The verdict was issued on a petition filed by Barrister Muhammad Yousaf Khan.
The judgment asserted that an apolitical and practically autonomous police force was not a matter of administrative convenience but a constitutional requirement essential for the protection of fundamental rights, the guarantee of fair trials, and the principle of equality before the law.
The court took a firm stance against the provincial government’s move to strip the Inspector General of Police (IGP) of the authority to appoint field commanders. According to the decision, bypassing the IGP and granting the Chief Minister control over individual postings disrupted the police force’s command hierarchy and eroded its institutional integrity.
The bench emphasized that for police command to remain coherent and discipline to be maintained, routine administrative matters—particularly transfers and postings—must remain strictly within the purview of the IGP.
“The responsibility of enforcing the law lies with the police chief, and he is answerable only to the law,” the verdict stated, clarifying that the Chief Minister’s authority was confined to providing broad policy guidance rather than micro-managing individual officer assignments.
The PHC further highlighted the distinction between legitimate policy supervision and unconstitutional administrative interference. While the provincial government retains the right to frame policy under the constitutional framework, the judgment observed that the 2024 amendments effectively eliminated the operational autonomy of the police force, thereby violating constitutional principles.
Senior civil judge dismissed over corruption, incompetence
In a related development, the Peshawar High Court has dismissed Senior Civil Judge Mardan Ijazul Haq Awan from service with immediate effect after charges of corruption and incompetence were proven against him.
Disciplinary proceedings against Judge Ijazul Haq Awan were initiated under the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011.
During the proceedings, the PHC issued a show-cause notice, granted the officer a personal hearing, and conducted a detailed examination of his service record and performance evaluation reports.
Following the inquiry, the Chief Justice of the PHC approved the immediate dismissal after the allegations were substantiated. An official notification of the decision has been issued, and all relevant departments and authorities have been formally informed.
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