The Khyber Pakhtunkhwa government has decided to challenge the Peshawar High Court’s ruling on the Police Act in the Supreme Court of Pakistan.
Provincial Law Minister Aftab Alam said that declaring the Police Act null and void violates the preamble of the Constitution of Pakistan and undermines the constitutional authority of democratically elected representatives. He maintained that the verdict weakens the mandate of the provincial government and legislature.
The law minister said the provincial government would approach the Supreme Court under constitutional provisions, terming the ruling an overreach of judicial authority, a violation of constitutional limits, and a direct blow to the democratic system. He added that both the provincial government and the assembly unanimously reject the decision.
Separately, Khyber Pakhtunkhwa Advocate General Shah Faisal Utmankhel told the media that the Peshawar High Court’s verdict was unconstitutional, unlawful, and delivered unilaterally. He pointed out that parties named in the petition were not given an opportunity to respond.
The ruling, he said, would be challenged before the federal constitutional court, stressing that the judiciary should not interfere in the executive’s policy matters.
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 Khyber Pakhtunkhwa Police Act 2017, declaring them unconstitutional.
A division bench comprising Chief Justice SM Atiq Shah and Justice Muhammad Ijaz Khan ruled that the amendments, which made the appointment of senior police officers (BS-18 and above) subject to the chief minister’s approval and withdrew the legal authority of the inspector general of police to appoint field commanders.
The court observed that the amendments attempted to turn the police into a tool of political expediency rather than an institution governed by law, which runs contrary to the Constitution.
It further clarified that under the constitutional framework, the executive’s role over the police is limited to oversight, confined to policymaking and general supervision.
