PESHAWAR, Jan 9: The Police Order, 2002, will stand excluded from the Sixth Schedule of the Constitution after six years, claimed legal experts.
Following the enactment of the 17th Constitution (Amendment) Act, along with the four local government ordinances promulgated by the provincial governments, the Police Order, 2002, is also placed in that category of laws which would stand excluded from the sixth schedule after six years.
Presently, due to the presence of the Police Order in the Sixth Schedule no amendments could be made either by the parliament or by the provincial assemblies without the prior approval of the president of Pakistan.
Under Article 268(2) of the Constitution, the laws specified in the sixth schedule shall not be altered, repealed or amended without the previous sanction of the president accorded after consultation with the prime minister.
Through the Legal Framework Order, the military government had included 11 laws in the sixth schedule. Previously, there were 24 laws in that schedule, which increased to 35 after the LFO. Those 11 laws also included the Police Order 2002, the four local government ordinances promulgated by the provincial governments in 2001, the NAB Ordinance 1999, Conduct of General Elections Order 2002, Political Parties Order 2002, etc.
During negotiations between the government and the Muttahida Majlis-i-Amal, the former had agreed to remove the local government ordinances from the sixth schedule after six years. However, there was no mention of the Police Order during the negotiations. But in the 17th Constitution (Amendment) Act, the Police Order was also included for exclusion from the sixth schedule after six years, informed an advocate of the high court, Asthagfirullah Khan.
Through section 9 of the constitution amendment, Article 268(2) of the Constitution was amended and it is added: "provided that the laws mentioned at entries 27 to 30 and entry 35 in the sixth schedule shall stand omitted after six years." Entries No 27 to 30 in the schedule are the local government ordinances, whereas entry 35 is the Police Order, 2002.
The Police Order 2002 was introduced by the Pervez Musharraf's government on Aug 14, 2002, and it replaced the colonial era Police Act 1861. The Police Order is part of different laws enacted under the Asian Development Bank funded Access to Justice Programme.
Under section 184 of the Police Order, the provincial government could also amend the law with the approval of the chief executive of the country. But now it could only be amended after sanction from the president.