PESHAWAR: The Khyber Pakhtunkhwa government has decided to strip the provincial police chief of his several wide-ranging powers through the proposed amendments to the KP Police Act, 2017, by placing his “operational and administrative” authority under the oversight of the chief minister.

On Wednesday, the provincial cabinet approved the KP Police (Amendment) Bill, 2024, for drastic changes to the police law.

The bill is likely to be tabled in the ongoing session of the provincial assembly.

Through the proposed amendments, the provincial government will do away with the police chief powers to appoint capital city police officers, regional police officers as well as the district police officers and other senior positions. In addition, the police chief’s powers to make rules will be handed back to the provincial government.

IGP’s ‘operational, administrative’ powers to be subjected to CM’s oversight

The bill also shows that the police chief’s control over superintendence of the force as well as the exercise of the administrative and financial powers will be subjected to the guidance of the chief minister conveyed through the secretary of the home and tribal affairs department.

The IGP’s wide-ranging powers, most of which are likely to be eliminated soon, were granted in 2017 in the name of operational autonomy after a long tug-of-war between the police and bureaucracy.

Through a proposed amendment to Section 2 of the KP Police Act, 2017, two new sections have been inserted to the law, with one describing the department as the home and tribal affairs department and the other defining the secretary as the additional chief secretary or the secretary of the home and tribal affairs department.

In the bill, original Section 8 of the Act, which entrusted the superintendence of the police department, has been replaced. The job will now have to be done through the home and tribal affairs department.

“Notwithstanding anything contained in any other law for the time being in force, the overall power of superintendence of police shall vest in government which shall be exercised through the department,” the amended section reads.

Similarly, Section 11 of the Act, which had vested the administration of the police department to the provincial police officer, has been removed from the Act. In future, he will have to exercise the administrative powers and be operational under the direction of the chief minister through the secretary.

“The Administration of Police in the Province shall vest in the Provincial Police Officer, who shall exercise such operational and administrative powers, subject to policy, oversight and guidance given by the Chief Minister through the Secretary,” the newly-inserted section reads.

Sub-Section 3 of Section 17 of the original Act, which empowered the KP police chief to issue standing orders, has been deleted from the Act through the bill.

Also, Sub-Section 4 of the original Act, which empowered the police chief of transfers and postings of officers up to the ranks of additional inspector general of police, has also been removed from the Act, with such future transfers to be made in accordance with the KP Rules Business, 1985.

However, the police chief can post officers in BS 17 and 18, except district police officers, according to the proposed law amendments.

Through an amendment in the sub-section 7 of the section 17, the police chief has been stripped of his powers to prepare an annual policing plan. It will now be subject to the approval of the government.

Section 21 of the law, which empowers the police chief to appoint capital city police officers and district police officers in the province, will be removed from the Act. In future, district police officers, after amendment to Section 22, have to prepare their annual policing plans in consultation with the home and tribal affairs department.

The IGP’s power to prematurely transfer a DPO has also been done away through an amendment to Section 24 of the Act.

In the bill, the provincial investigation branch has been done away with the substitution of Section 25. In future, an AIG or similar officer will head the investigations at the provincial level, while SSP and SP will do so at the capital city and district levels, respectively.

Section 26, which provides for separation of investigation and operation at police station levels, is also proposed to be deleted.

Through amendments to Section 45 of the Act, the police’s support for government functionaries has been subjected to the provision of the KP Civil Administration (Public Service Delivery and Good Governance) Act, 2020.

Similarly, the regulation of the public assemblies will also be under the same legislation through an amendment to Section 84.

Chapter V, which provides for the public safety commissions at provincial and district levels, has been deleted from the Act, with the KP Independent Police Complaints Authority to be set up for inquiries into complaints against the police.

Published in Dawn, October 13th, 2024