PESHAWAR – The Khyber Pakhtunkhwa assembly has unanimously passed a resolution seeking the abolition of the Action in Aid of Civil Power Ordinance, declaring it a violation of fundamental human rights and urging its immediate withdrawal from the province and the merged tribal districts.
The joint resolution, tabled by government member Dawood Shah Afridi, noted that after the passage of the 25th constitutional amendment, the former Federally Administered Tribal Areas (FATA) became part of the province, making the ordinance untenable. The text of the resolution stated that the Action in Aid of Civil Power Ordinance contradicts constitutional guarantees and fundamental rights.
Lawmakers reminded the house that the provincial high court had already struck down the regulation as unconstitutional. “Our constitutional court has ruled these laws against fundamental human rights,” the resolution affirmed. The assembly adopted the resolution unanimously through a vote, calling for the law’s immediate termination.
The controversy surrounding the ordinance dates back several years. The Action in Aid of Civil Power Regulation was earlier declared null and void by the Peshawar High Court under then-chief justice Waqar Ahmad Seth. However, the provincial government of that time, led by the Pakistan Tehreek-e-Insaf (PTI), filed an appeal before the Supreme Court, which suspended the high court’s ruling. The appeal remains pending before the apex court, though it has not been scheduled for hearing in several years.
In its judgment, the high court had also directed the Inspector General of Police to take control of all internment centres operating under the ordinance.
Legal experts say the provincial government still has the option to withdraw its appeal from the Supreme Court. If the provincial cabinet approves such a step, the Advocate General of Khyber Pakhtunkhwa could submit a formal request in court, seeking to fix the case for hearing. Once listed, the Advocate General could place the cabinet’s decision before the bench and request permission to withdraw the appeal, effectively restoring the high court’s earlier ruling.
The resolution adopted by the assembly on Monday signals growing political consensus against the ordinance, which critics view as an outdated legal instrument incompatible with constitutional protections. By demanding its end, legislators in Khyber Pakhtunkhwa have placed the issue squarely back on the province’s legal and political agenda.
