Tallal warns proposed changes to KP police law could 'weaken' command structure

Minister of State for Interior Tallal Chaudhry on Thursday criticised the Khyber Pakhtunkhwa government’s proposed law to replace the KP Police Act, 2017, warning that changes to the police command structure could affect the force’s ability to maintain law and order and fight terrorism.

The KP government on Wednesday approved a proposed law to replace the KP Police Act, 2017, curtailing the powers of the inspector general of police (IGP) by making the police chief’s operational, administrative and financial decisions subject to approval from the provincial government or chief minister.

Addressing the media in Islamabad, Chaudhry said policing and the maintenance of public order were primarily provincial subjects under the constitutional framework established by the 18th Amendment, but provinces did not have unlimited powers to legislate beyond the Constitution and existing legal frameworks.

He said the Police Service of Pakistan (PSP) rules and other relevant laws provided the framework governing the police and could not be overridden through provincial legislation.

“You cannot change the command structure of a police force that is fighting terrorism, losing its personnel every day, and continuing to perform its duties and make sacrifices despite limited resources, through legislation that is inconsistent with Pakistan’s Constitution and the PSP rules,” he said.

“You cannot use such legislation to structurally dismantle its command structure.”

The minister said the proposed law did not merely curtail the powers of the IGP but “dismantled the entire command structure”.

He said the proposed law would also strip regional police officers, who are deputy inspectors general (DIGs), of the authority to appoint grade-17 officers, including deputy superintendents of police (DSPs), while additional inspectors general would no longer be able to make appointments to grade-17, 18 and 19 posts that were not field postings.

“How can one person take all these powers into their own hands?” he asked, alleging that Chief Minister Sohail Afridi was seeking to bring the entire system under his “personal and political control”.

Chaudhry also questioned whether police officers would continue to take decisions on professional grounds if the command structure was weakened, warning that the move could affect “discipline and morale within the force”.

Referring to the chief minister’s authority over postings, he said all four chief ministers had limited powers in this regard, but these did not affect the police command structure.

He also questioned why the provincial government had not introduced the proposed legislation earlier if changes to the 2017 law were considered necessary.

Chaudhry criticised what he described as inadequate resources for the KP Police, including lower salaries compared to those of police forces in other provinces.

He also questioned the availability of protective equipment, armoured vehicles, security arrangements, forensic laboratories and residential facilities for police personnel.

He questioned the proposed composition of a six-member body under the new law, saying it would comprise members of the provincial assembly.

“Why not include opposition members, civil society representatives, journalists, police officers and judges? They could also provide valuable advice,” he said.

Instead, he alleged, the provincial government had “brought in its own people” and sought to exercise control over the police down to the district and tehsil levels.

Chaudhry said there could be differences between police forces in different provinces, such as changes in uniform colour or the creation of separate traffic police, but certain fundamental aspects had to remain uniform.

He said it was “extremely unfortunate” that the proposed changes had been brought forward at a time when terrorism was at its peak in KP.

Asked what options the federal government had, Chaudhry said the proposed law had only been approved by the provincial cabinet and would now be sent to the provincial assembly.

He said there were several areas where federal laws continued to apply even after the 18th Amendment, adding that provinces could not legislate in a manner that conflicted with the Constitution or applicable federal laws and rules.

“These are such rules that no province can change them,” he said, adding that the proposed legislation would likely be challenged before the courts.

Chaudhry said that if the matter reached parliament and further legislation was required after debate, the federal government would not hesitate to take the matter forward.

Responding to a question about the PTI’s call for a long march, the minister of state said all routes to the federal capital are open.

However, he made it clear that the Islamabad High Court’s (IHC) decision would be implemented in letter and spirit to protect the lives and property of the people.

KP governor vows to block proposed law if it reaches his office

Meanwhile, Governor Khyber Pakhtunkhwa Faisal Karim Kundi shared a video on X of his remarks at a conference, saying the provincial government wanted to turn the police into its “slave” and a “PTI tiger force”.

“We will not allow the police to become anyone’s slave. They want the police to be subservient to them and become PTI’s tiger force. We will not allow the police to become tiger force. Instead, we will give the police the powers they need to take action against anyone who commits a wrongdoing,” he said.

Kundi added that no government official, including the governor, chief minister or any other government functionary, could order the police to act unlawfully.

“The law is equal for everyone,” he said, adding that the proposed law was facing criticism because of the PTI government’s record.

Asked whether he would approve the proposed law if it came to him, Kundi said, “It has not even come to me yet, so why would I approve it? When this unconstitutional and illegal Police Act comes to me, I will not approve it.”