IN THE SUPREME COURT OF PAKISTAN 
                    (Original Jurisdiction) 
 
Present: 
 
 
Mr. Justice Umar Ata Bandial, C.J. 
 
 
Mrs. Justice Ayesha A. Malik 
 
 
Mr. Justice Athar Minallah 
 
 
 
  
Constitution Petitions Nos.34 & 38 of 2022  
(Under Article 184(3) of the Constitution of the Islamic 
Republic of Pakistan.) 
 
Rana Tahir Saleem  
 
 
…Petitioner in Const.P.34/2022 
Muhammad Javaid  
 
 
…Petitioner in Const.P.38/2022 
 
 
 
 
 
    Versus 
Province of Punjab thr. Chief Secy. 
to the Govt. of Punjab, Lahore and others…Respondents in Const.P.34/2022 
Federation of Pakistan thr. Secretary 
Establishment, Islamabad and another   …Respondents in Const.P.38/2022 
 
For the petitioner(s): 
 Mr. Muhammad Shahzad Shaukat, ASC 
 
 
 
 
(Via video-link, Lahore) 
 
 
 
 
 
 Mr. Anis Muhammad Shahzad, AOR 
 
 
 
 
(in Const.P.34/2022) 
 
 
 
 
 
 
 
Barrister Haris Azmat, ASC 
 
 
 
 
(in Const.P.38/2022) 
 
 
 
 
 
For the respondent(s): 
N. R.  
 
Date of hearing: 
 
23.11.2022 
 
 
 
 
 
O R D E R   
 
 
 
Learned counsel for the petitioner submits that the Police force in a 
Province provides an essential service to the public: it includes, inter alia, 
maintenance of peace and order in society and prevention, detection and 
investigation of offences. The role of the Police force is critical for maintaining 
social stability and peace in the society. For such purpose, a Police force that is 
independent, efficient and enjoys trust of the people promotes a healthy society. 
He submits that there are 36 districts in the Province of Punjab. During the last 
four years, each of the districts has witnessed transfers of the DPO, who is the 
fulcrum of the police force administration and for the conduct of criminal 
Const. Petitions Nos.34 and 38 of 2022 (2).doc 
2
investigation in every district. The consolidated average tenure of service of all 
the DPOs during the last four years in all the districts of Punjab is 5.86 months. 
On the other hand Article 15(2) of the Police Order, 2002 (“Police Order”) 
provides for a tenure of three years for the post of DPO.  Article (15)(3) of the 
Police Order allows early transfer of a DPO in case of inefficiency or 
ineffectiveness but with the concurrence of both the District Government Head 
and the District Public Service Safety Commission. The provincial government 
has failed to follow the statutory command and is in continuous breach of Article 
15 ibid. Likewise, the petition shows that the average tenure of an Inspector 
General of Police in the Province of Punjab during the said period is 6.25 months. 
In this regard Article 12 of the Police Order prescribes that the term of office of a 
Provincial Police Officer and a Capital Police Officer shall be 3 years.  
2. 
 
Learned counsel adds that the frequent transfer of the Police 
Officers in the Province of Punjab has occurred on account of political 
influence/intervention. He has highlighted the recent instance of transfer of the 
lady DPO in District Layyah allegedly on account of political intervention. 
Frequent transfer of administrative heads of the police force of Districts, 
Metropolitan Cities and the Provinces affects the command structure of the force 
and its capability to effectively render public service in accordance with the law. 
Resultantly, the performance of the criminal justice system is diminished thereby 
injury the quality of life of the ordinary citizen. Moreover, insecurity of tenure 
leads to a tendency among police officers to seek political patronage for securing 
or retaining the important posts which in turn worsens the service fibre.  
3. 
 
Learned counsel has explained that one of the Provinces, namely, 
Khyber Pakhtunkhwa has implemented the Police Order faithfully. The police 
force in that Province is therefore credited to be independent and fair in the 
performance of its duties in comparison to their counterparts in the other 
Provinces. He adds that the police force in the Province of Balochistan, despite 
Const. Petitions Nos.34 and 38 of 2022 (2).doc 
3
difficult circumstances, also enjoys public support and respect of the public 
because the officers face lesser political interference. However, he states that the 
situation in the Province of Punjab is different. For the enforcement of the 
fundamental rights of the people and of the law as laid down in the Police Order, 
the provincial government is liable to account. 
4. 
 
The issue in hand concerns the enforcement of citizens’ 
fundamental right of life and liberty quite apart from the lawful enforcement of 
the Police Order in the Province. In the above facts the conditions of Article 
184(3) are duly complied.  
5. 
 
The police force cannot be made an instrument for the promotion of 
vested/elite interests. Integrity, independence and trustworthiness are crucial 
attributes of the Police force for ensuring peace in and smooth functioning of the 
society. To secure such conditions is a priority for the Police force in the entire 
country. In the first instance, notice be issued to the Provincial Police Officers 
and Home Secretaries of the governments in all the Provinces and the ICT 
administration. They shall through their respective officers furnish data for the 
last eight years on the criteria and pattern tabulated in the petition. The Province 
of Punjab shall also file its reply to the allegations made in this petition. Needful 
be done within two weeks. Re-list in the week commencing 12.12.2022.  
Constitution Petition No.38 of 2022 
 
 
Learned counsel shall further prepare himself on the questions 
posed to him during the hearing. Re-list. 
 
     
 
 
 
 
 
        
       Chief Justice  
 
  
 
Judge 
 
 
Judge 
ISLAMABAD. 
23rd November, 2022 
M. Azhar Malik+Naseer 
