BY: M. Ilyas
Peshawar – The ongoing controversy over the promotion of cadet police officers in Khyber Pakhtunkhwa has intensified, drawing significant public and legal attention. The dispute highlights deeper divisions within the province’s police force, where two distinct groups—Cadet officers and direct PASI’s—stand on opposite sides. The Cadet officers argue that their promotions are lawful, citing the KP (Validation of Standing Orders) Act, 2005, while the PASI’s champion a merit-based approach, supported by a recent Supreme Court decision that ruled against out-of-turn promotions in other provinces. Cadet police officers claim that their promotions were conducted under a distinct legal framework in KP, different from the cases in Sindh and Punjab. The KP (Validation of Standing Orders) Act, 2005, provides legislative backing for Standing Order No. 11 of 1987, which set structured criteria for career advancements for those trained at designated police institutes. This law remains in force and has not been declared unconstitutional by any court, ensuring that promotions made under its provisions are lawful. The provincial Law Department and the Office of the Advocate General have both supported this position. According to them, the Supreme Court’s ruling, which invalidated out-of-turn promotions in other provinces, does not apply to KP because the promotions here were conducted under a legally validated framework. The Advocate General’s Office has further emphasized that since the Act has not been challenged in any court, it continues to provide legal protection to the promotions and appointments made since January 17, 1987. The Supreme Court’s decisions, which targeted promotions carried out through separate orders outside the structured civil service laws, did not address the 2005 Act, thereby leaving it intact. On the other hand, direct PASI’s have welcomed the Supreme Court’s recent verdict against out-of-turn promotions, viewing it as a reinforcement of meritocracy. For years, PASI’s have argued that promotions based on criteria like gallantry, political affiliations, or any other non-merit factors, undermine transparency and fairness within the force. They see the Supreme Court’s ruling as a step toward ensuring equal opportunities across the board, and they believe that a similar legal interpretation should be extended to KP. The PASI’s allege that favoritism and arbitrary decisions may have influenced some Cadet officers’ promotions, thereby compromising the integrity of the promotion system. The announcement that the Speaker of the Provincial Assembly would convene a meeting to discuss the issue has only added fuel to the fire. Cadet officers perceive this meeting, scheduled for October 21, 2024, as an opportunity to reaffirm the legal standing of their promotions under the 2005 Act. They argue that the legislative body’s intervention is necessary to clarify the legal framework and settle the controversy. However, PASI’s and their supporters view this as an unwarranted intrusion by the legislature into an administrative matter that should be guided by the principles set out in the Supreme Court’s decision. Resolving this controversy is crucial for the cohesion and morale of the KP Police. A potential approach could involve establishing a joint review committee, composed of representatives from both the Cadet officers and the PASI’s, to reassess promotion criteria. Emphasizing merit-based advancements while recognizing the service history and achievements of officers could help address the grievances of both groups. Instituting competitive exams or adopting transparent evaluation methods could further ensure that promotions align with legal standards and meritocratic principles. The dispute over cadet promotions also raises larger questions about the balance between provincial legislation and constitutional principles. The Supreme Court’s stance on out-of-turn promotions sets a clear precedent, yet Khyber Pakhtunkhwa’s specific statutory safeguards through the 2005 Act create a unique legal landscape. How this situation is resolved may influence future governance of police forces across Pakistan and could prompt a reevaluation of the relationship between legislative protections and judicial oversight in public service promotions. The legal and administrative challenges surrounding the promotions of cadet police officers in KP are far from settled. As legal experts and government officials weigh in, the upcoming Provincial Assembly meeting will play a pivotal role in shaping the outcome. Whether the Assembly’s discussions lead to reaffirming the Cadet police officers’ positions or prompt a shift toward merit-based reforms, the controversy underscores the need for a more transparent, consistent, and fair promotion system within the police force. Ultimately, the path to reconciliation will involve acknowledging the legal protections provided by the 2005 Act while addressing concerns about fairness and merit. Finding common ground will be key to ensuring a harmonious resolution, one that not only resolves the current dispute but also strengthens the overall integrity of the police service in Khyber Pakhtunkhwa.
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