Recent legislative changes in Pakistan have impacted the autonomy of security and law enforcement agencies. In July 2024, Parliament authorized the Inter-Services Intelligence (ISI) to intercept calls and messages legally to strengthen national security, but this has raised concerns over privacy and civil liberties. In October 2024, the Khyber Pakhtunkhwa government amended the Police Act 2017, transferring control of officer postings from the Inspector General of Police (IGP) to the Chief Minister, reversing earlier depoliticization efforts. These moves reflect growing governmental control over security institutions, sparking debates on balancing security needs with democratic freedoms.

Police Laws in Pakistan: Current State of Affairs

Introduction

The police force in Pakistan occupies a distinctive position. While bearing immense responsibility and blame, it operates with limited authority. Often considered the face of the criminal justice system, the police become a focal point for reforms with every change in government. Since Pakistan’s independence in 1947, over 21 official initiatives have sought to reform the police force. These reforms have primarily focused on legislative amendments to enable sustainable structural and functional improvements. Among these efforts, the introduction of the Police Order, 2002, stands out as a significant milestone. However, subsequent government actions and numerous amendments diluted its impact. This article evaluates the state of police laws in Pakistan as of 2014, providing an overview of foundational concepts and analyzing policing laws across different provinces.

Literature Review

The reforms mentioned above constitute an essential part of the literature on police laws. The Police Committee Report of 1985, authored by police officers, gained widespread acceptance among active and retired officers. In 1990, an Implementation Committee assessed the adoption of the 1985 report, categorizing reforms into legislative changes, funding requirements, and structural adjustments. These reforms led to the enactment of the Police Order, 2002. Suddle (2012) emphasized the importance of extending this law nationwide, arguing that it should apply to Sindh, Balochistan, Islamabad, Gilgit-Baltistan, and Azad Jammu and Kashmir.

However, a lack of uniformity in police laws across regions persists. Advocate Ahmer Bilal Soofi, a former federal law minister, highlighted this disparity as one of the most alarming revelations during his tenure. Similarly, Tariq Khosa, former Inspector General of Police in Balochistan, observed that Sindh, Balochistan, Islamabad, AJK, and GB operate under outdated frameworks, while Punjab and Khyber Pakhtunkhwa (KPK) use a fragmented version of the Police Order, 2002.

Part I: Fundamental Issues in Policing Laws

A. Legal Framework

The legal framework governing the police comprises substantive and procedural laws, case law, and international obligations. The Constitution of Pakistan, particularly Article 4 and the Fundamental Rights chapter, forms its bedrock. Two types of laws are pertinent:

Organizational Law: Establishes police organizations and defines their relationship with the government.

Empowering Law: Specifies police powers, as seen in the Code of Criminal Procedure (Cr.P.C.), 1898, and other legislation like the Qanun-e-Shahadat Order, 1984, and the Anti-Terrorism Act, 1997.

B. Constitutionality of Organizational Laws

The Supreme Court, in IGP v. Mushtaq Ahmed Warriach, affirmed that the Police Act is a provincial subject. Despite this clarity, misconceptions about its federal status persisted until the Police Order, 2002. The debate resurfaced during its promulgation, leading to its inclusion under the Sixth Schedule of the Constitution.

C. Legality of the Police Order, 2002

Initially protected under the Seventeenth Amendment, the Police Order, 2002, lost its constitutional safeguard after December 31, 2009. While some argue its protection under Article 270-AA(2) introduced by the Eighteenth Amendment, the absence of explicit legislative cover undermines its validity.

D. Eighteenth Amendment and Criminal Law

The Eighteenth Amendment abolished the Concurrent List, expanding provincial legislative authority. However, ambiguity remains in defining "criminal law," "criminal procedure," and "evidence" under Article 142(b). For example, the Punjab government sought amendments to the Police Order, 2002, prompting legal debates over provincial competence. The Advocate General’s Office ultimately affirmed provincial authority over police laws.

Part II: Police Organizational Laws Across Pakistan

Punjab: The truncated Police Order, 2002, is partially implemented, with limited mechanisms like change of investigation and criminal offense provisions. Recent amendments allow direct induction of Sub-Inspectors.

Sindh: The Sindh Assembly repealed the Police Order, 2002, reinstating the Police Act, 1861, with minor modifications.

KPK: Like Punjab, KPK follows a fragmented implementation of the Police Order, 2002.

Balochistan: The Balochistan Police Act, 2011, governs only 5% of the province (A-Area), while the levies system operates in B-Area.

ICT, AJK, GB: These regions continue to follow the Police Act, 1861, as the Police Order, 2002, was never implemented.

Province/Territory Organizational Law Empowering Law

Punjab Police Order, 2002 Cr.P.C. and local laws

Sindh Police Act, 1861 Cr.P.C. and local laws

KPK Police Order, 2002 Cr.P.C. and local laws

Balochistan Balochistan Police Act, 2011 Cr.P.C. and local laws

ICT, AJK, GB Police Act, 1861 Cr.P.C. and local laws

Part III: Recommendations

The disparities in police laws have disrupted local governance and law enforcement. A uniform legal framework, adapted for regional nuances, is essential for enhancing efficiency and accountability in Pakistan’s policing system.

Recent legislative developments in Pakistan have significantly impacted the powers and autonomy of security and law enforcement agencies. In July 2024, the Pakistani Parliament authorized the Inter-Services Intelligence (ISI) agency to intercept telephone calls and messages legally. This move, announced by Law Minister Azam Nazeer Tarar, aims to enhance national security by monitoring criminal and terrorist activities. However, it has faced criticism from opposition parties and rights groups concerned about potential infringements on privacy and civil liberties.

In October 2024, the Khyber Pakhtunkhwa (KP) provincial government approved amendments to the Police Act 2017, transferring the authority for posting and transfers of officers from the Inspector General of Police (IGP) back to the Chief Minister. This decision marks a reversal of earlier reforms intended to depoliticize the police force. The amendments have been met with opposition from senior police officers, including IGP Akhtar Hayat Gandapur, who argue that such changes could lead to increased political interference and undermine the operational autonomy of the police.

References

Suddle, M. A. Police Order 2002: A Critical Review. Lahore: National Police Bureau, 2012.

Soofi, A. B. "Challenges in Police Reforms." Pakistan Law Review, vol. 10, no. 3, 2014.

Supreme Court of Pakistan. IGP v. Mushtaq Ahmed Warriach. PLD 1996 SC 324.

The Constitution of Pakistan, 1973, Eighteenth Amendment Act, 2010.

Government of Punjab, Research Cell, Advocate General’s Office. Opinion on Police Order Amendments, 2013.