In a landmark ruling aimed at safeguarding the independence of law enforcement, Peshawar High Court (PHC) on Saturday declared Khyber Pakhtunkhwa Police Amendment Act 2024 null and void. The court characterized provincial government’s attempt to subject appointment of senior police officers to Chief Minister’s approval as unconstitutional, warning that such measures risk turning police force into a “political tool.” The 28-page written judgment, authored by Chief Justice SM Atiq Shah, followed a petition filed by Barrister Muhammad Yousaf Khan. The verdict asserts that an apolitical and practically autonomous police force was not merely a preference but a constitutional requirement essential for protection of fundamental rights, guarantee of fair trials, and principle of equality before law. The court took a firm stance against provincial government’s move to strip Inspector General of Police (IGP) of authority to appoint field commanders. According to decision, bypassing IG to grant Chief Minister control over individual postings breaks vital command structure of police force. The bench emphasized that for police command to remain coherent and for discipline to be maintained, daily administrative matters specifically transfers and postings-must remain strictly under purview of the IGP. The responsibility of enforcing the law lies with police chief, and he is answerable only to the law,” the verdict stated, clarifying that Chief Minister’s authority was limited to broad policy guidance rather than micro-management of individual officer assignments. The PHC highlighted a clear distinction between policy supervision and administrative interference. While provincial government holds right to provide policy direction under a constitutional system, judgment argued that 2024 amendments effectively eliminated police’s operational autonomy.
PHC strikes down KP Police Amendment Act, citing constitutional violations
Published on: February 8, 2026 5:21 AM