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Minister Voices Legal Concerns Over KP Police Act 2026 Revisions

Minister of State for Interior Talal Chaudhry expressed serious reservations on Thursday regarding the proposed Khyber Pakhtunkhwa (KP) Police Act 2026, predicting it will face challenges in the Supreme Court. His comments came one day after the provincial cabinet, led by Chief Minister Sohail Afridi, approved the updated KP Police Act 2026, incorporating amendments aimed at addressing concerns raised by cabinet members.

Speaking at a press conference in Islamabad, Chaudhry highlighted that issues related to police transfers, postings, and leadership powers have previously undergone judicial scrutiny. He suggested that the new legislation is likely to encounter similar legal examination. The minister emphasized that the proposed law could disrupt the police command hierarchy, undermine discipline, lower morale, and affect the force’s role in law enforcement and counterterrorism efforts.

He pointed out that policing and law and order fall under provincial jurisdiction per the Constitution’s 18th Amendment, but any provincial legislation must comply with the constitutional and legal framework governing the Police Service of Pakistan (PSP). Chaudhry stressed provinces do not have unlimited authority to legislate beyond constitutional boundaries. He drew parallels, noting provinces cannot establish independent armed forces, railways, or naval services, and similarly cannot enact laws that override established PSP regulations.

Chaudhry, the PSP rules—formulated under Pakistan’s federal system and upheld by high courts and the Supreme Court—define the police force’s command and administrative structure and cannot be superseded by provincial laws. He praised the KP police for their longstanding sacrifices in combating terrorism but warned that the proposed act diminishes the inspector general’s (IG) authority and disrupts the broader command chain.

The minister detailed that powers related to appointing and posting officers from the rank of deputy superintendent of police (DSP) and above, previously held by senior police officials, have been reallocated. Responsibilities for officers in grades 17, 18, and 19 have shifted away from the police hierarchy, increasing provincial government control. While Chief Minister Afridi already holds authority to consult on and direct postings and transfers, Chaudhry noted these powers were traditionally constrained to preserve the force’s discipline and morale.

He cautioned that centralizing authority over appointments, postings, promotions, and administrative decisions risks compromising the independence of policing. The police, he said, are a disciplined institution tasked with maintaining public order and countering terrorism, and any changes affecting command and control might impair operational efficiency and internal discipline.

Chaudhry also questioned how senior roles in grades 19 through 22 would be filled if the influence of PSP officers is curtailed, calling for clarity on future recruitment and appointment procedures in KP. He argued that the police force’s core challenges lie in inadequate resources, equipment, and infrastructure rather than command structure.

Highlighting difficult operational conditions, he noted KP police salaries are lower than those in some other provinces and compensation for martyrs is comparatively less. The Counter Terrorism Department (CTD) in KP has operated from rented facilities despite persistent terrorism threats over nearly two decades. Several CTD offices housed in rented buildings have been targeted in terrorist attacks, causing casualties among police and civilians.

Chaudhry contrasted this with Punjab’s security infrastructure, where border check posts are equipped with protective measures, surveillance systems, bulletproof vehicles, and gear, enhancing security and operational capability. He stressed that responsibility for providing adequate resources, budgets, and operational support lies with the provincial government and that strengthening police capabilities should precede any changes to command or administrative frameworks.

The minister also raised concerns about the introduction of police liaison committees under the proposed act, questioning why such bodies were not established under the 2017 framework if deemed necessary. He pointed out that the proposed committees would include members of the provincial assembly but notably exclude opposition members, civil society representatives, journalists, and retired police officers.

In conclusion, Chaudhry reaffirmed that the federal government evaluates all matters within the constitutional and legal framework. He urged careful consideration of reforms that could affect the morale, discipline, and command structure of the KP police, especially as the province continues to face significant terrorism-related challenges.

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