Justice S.M. Atiq Shah issued a 28-page written verdict on a petition challenging the Khyber Pakhtunkhwa Police (Amendment) Act 2024.

The court ruled that making appointments and transfers of Grade-18 and above police officers subject to the chief minister’s approval was unconstitutional.

It also declared unlawful the withdrawal of powers from the inspector general of police to appoint field commanders.

The judgment said the amendments undermined the operational autonomy of the police and turned the force into a political tool, contrary to constitutional principles.

It stressed that routine administrative matters, postings and transfers should remain under the IG to ensure discipline and unified command.

The court said a politically neutral and functionally autonomous police force is a constitutional requirement essential for protecting fundamental rights, ensuring fair trials and promoting equality.

It added that the chief minister’s authority should be limited to policy guidance, while bypassing the IG in operational matters weakens the command structure.

The judgment noted that responsibility for law enforcement rests with the police chief, who is accountable only under the law.

The KP Assembly had passed the amendment bill on October 21, 2024, expanding the chief minister’s powers and making approval mandatory for transfers of senior officers.

Following the bill’s passage, Barrister Muhammad Yousaf Khan filed a petition in the PHC, naming the provincial government as a respondent. The case was heard by a bench comprising Justice Atiq Shah and Justice Ejaz Anwar.