Police Reforms Case (2026): Pakistan Constitution Court Sets Aside High Court’s Suo Motu Orders

Judicial Overreach Ruling: High Court Cannot Interfere with Executive Policy Guidelines

Are Indian Court Guidelines Valid in Pakistan? Supreme Court Answers in Landmark Ruling

IN THE FEDERAL CONSTITUTIONAL COURT OF PAKISTAN
(Appellate Jurisdiction)

Present:
Justice Syed Hasan Azhar Rizvi
Justice Muhammad Karim Khan Agha

C.P.L.A. Nos. 1199-K & 1200-K of 2025
(Against the order dated 27.10.2025, passed by the
High Court of Sindh at Karachi in Const. No. S-1139 of 2025)

Amjad Ahmed Sheikh (in CPLA 1199-K/25)
Asif Ali (in CPLA 1200-K/25) ….. Petitioner(s)

Versus

Government of Sindh & others (in both cases) ….. Respondent(s)

For the Petitioner(s): Mr. Aamir Mansoob Qureshi, ASC
Mr. K. A. Wahab, AOR
(in both cases)

On Court’s Notice: Mr. Jawad Dero, AG Sindh
Syed Ghulam Shabbir Shah, PG Sindh
Mr. Mohsin Hussain Shah, Asst. AG Sindh
Mr. Asif Hyder Shah, Chief Secy. Sindh
Mr. Javed Alam Odho, IGP Sindh

Date of Hearing: 29.06.2026

O R D E R

Syed Hasan Azhar Rizvi, J. – We have heard the learned counsel for the petitioners as well as the learned Law Officers at length and have thoroughly examined the material available on record.

2. The learned counsel for the petitioners contends that the directions pertaining to internal police reforms and monitoring of inquiry proceedings by the High Court in its writ jurisdiction—when the matter was not even pending before the Court in the subject petitions—constitute a judicial encroachment upon executive and administrative functions.
3. The learned Prosecutor General, Sindh, submits that the Guidelines contained in the impugned order dated 27.10.2025, at page 33 of the paper-book, primarily concerning arrest and detention of suspects/accused, were borrowed from the judgment dated 18.12.1996 passed by the Supreme Court of India in Writ Petition (CRL) No. 592 of 1987 titled Shri D. K. Basu, Ashok K. Johri v. State of West Bengal, available at page 84 of the concise statement filed by the Prosecutor General, Sindh. Reference is drawn to paragraph 14 of the aforementioned judgment, which is now approximately 30 years old. He further submits that the Government of Sindh has since enacted several legislative amendments, including the Sindh Act No. XI of 2019, amendments to the Police Order 2002, amendments to the Police Rules 1934 (2021), the Torture and Custodial Death (Prevention and Punishment) Act, 2022, the IGP’s Standard Operating Procedure for Arrest in Cognizable Offences, 2021, and the IGP’s directives dated 15.06.2022. He contends that all the observations referred to in the impugned orders have already been comprehensively addressed and framed by the Legislature in a more up-to-date manner, taking into account technological advancements. The 1996 Guidelines, therefore, have no legal effect, having been superseded by the aforementioned Pakistani rules, acts, SOPs, and directives, which are more recent in time.
4. The learned Advocate General, Sindh, points out that the learned single judge of the High Court has committed judicial overreach in passing the impugned orders, exceeding the jurisdictional limits, and has failed to consider that courts, as a general rule, must not interfere with policy guidelines—a position with which we are in full agreement.
5. These petitions are converted into appeals and are disposed of in the following terms: the impugned orders dated 27.10.2025 and 03.11.2025, passed by the High Court of Sindh in Constitutional Petition No. S-1139 of 2025, to the extent of exercising suo motu jurisdiction against police officials and interfering in policy guidelines without justification, are hereby set aside as they amount to an assumption of suo motu jurisdiction, which is not vested in the High Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, and constitute judicial overreach. However, the inquiries initiated and the investigation to be conducted against the petitioners, in both these petitions, shall continue in accordance with law, without being influenced by any observation(s)/direction(s) that were beyond the lis which was fixed before the learned single judge of the High Court in the constitutional petition.

Judge

Judge

Karachi
29.06.2026

Sarvarthapedia Conceptual Network: Federal Constitutional Court of Pakistan Order (29 June 2026)

Core Concept

• Federal Constitutional Court of Pakistan Order (2026)
  • Defines constitutional limits of judicial review under Article 199.
  • Distinguishes judicial adjudication from executive administration.
  • Rejects judicial assumption of powers not constitutionally conferred.
  • Reaffirms continuation of lawful investigations despite setting aside judicial overreach.

Constitutional Law

Article 199 of the Constitution of Pakistan

Core Idea

The constitutional source of High Court writ jurisdiction, which remains confined to adjudicating disputes properly brought before the Court.

Connected Concepts

• Writ Jurisdiction
• Constitutional Petition
• Judicial Review
• Jurisdictional Limits
• Separation of Powers
• Lis
• Judicial Overreach
• Suo Motu Jurisdiction

See also

• High Court Jurisdiction
• Constitutional Remedies
• Administrative Law
• Rule of Law

Judicial Review

Core Idea

Power of constitutional courts to review legality of executive or legislative action without replacing executive decision-making.

Connected Concepts

• Article 199
• Constitutional Courts
• Executive Accountability
• Administrative Action
• Judicial Restraint
• Constitutional Interpretation

See also

• Judicial Overreach
• Separation of Powers (USA)
• Constitutional Governance

Writ Jurisdiction

Core Idea

Constitutional authority to protect legal and fundamental rights through judicial remedies.

Connected Concepts

• Article 199
• Constitutional Petition
• High Court
• Public Law
• Judicial Remedies

See also

• Constitutional Litigation
• Administrative Law

Separation of Powers

Separation of Powers

Core Idea

Government functions remain divided among Legislature, Executive, and Judiciary.

Connected Concepts

• Executive Authority
• Judicial Restraint
• Constitutional Balance
• Administrative Independence
• Policy Making

Referenced in Order

The Court holds that internal police reforms belong primarily to executive administration rather than judicial direction.

See also

• Judicial Overreach
• Executive Function
• Constitutional Governance

Executive Function

Core Idea

Administrative governance and implementation of laws by executive authorities.

Connected Concepts

• Police Administration
• Policy Formulation
• Chief Secretary
• Inspector General of Police
• Administrative Discretion

See also

• Separation of Powers
• Public Administration
• Police Governance

Legislative Function

Core Idea

Creation and amendment of legal rules governing executive institutions.

Connected Concepts

• Police Order 2002
• Sindh Act XI of 2019
• Torture and Custodial Death Act 2022
• Police Rules
• Criminal Justice Reform

See also

• Parliamentary Sovereignty
• Statutory Law
• Rule Making

Judicial Doctrine

Judicial Overreach

Core Idea

Exercise of judicial authority beyond constitutionally permissible limits.

Characteristics

• Directing executive policy.
• Supervising administration without statutory authority.
• Deciding issues outside the dispute before the Court.
• Assuming powers not granted by the Constitution.

Connected Concepts

• Article 199
• Separation of Powers
• Judicial Restraint
• Policy Guidelines
• Suo Motu Jurisdiction

See also

• Constitutional Limits
• Abuse of Judicial Power
• Administrative Independence

Judicial Restraint

Core Idea

Courts should exercise constitutional powers cautiously and avoid unnecessary interference with executive governance.

Connected Concepts

• Limited Jurisdiction
• Constitutional Balance
• Policy Decisions
• Executive Autonomy

See also

• Judicial Review
• Constitutional Interpretation
• Separation of Powers

Suo Motu Jurisdiction

Core Idea

Judicial action initiated by the court without a formal petition.

Order’s Principle

The High Court cannot assume suo motu jurisdiction under Article 199 merely because issues appear important.

Connected Concepts

• Jurisdiction
• Constitutional Powers
• Judicial Overreach
• Procedural Fairness

See also

• Constitutional Jurisdiction
• Public Interest Litigation

Lis

Core Idea

The actual legal dispute presented before a court for adjudication.

Importance

The judgment emphasizes that courts should not decide matters beyond the lis.

Connected Concepts

• Cause of Action
• Jurisdiction
• Procedural Law
• Natural Justice

See also

• Issues Before the Court
• Civil Procedure
• Constitutional Litigation

Police Governance

Police Reform

Core Idea

Institutional improvement of policing through legislation, executive policy, and administrative practice.

Connected Concepts

• Police Order 2002
• Police Rules 1934
• SOPs
• Arrest Procedures
• Accountability

See also

• Criminal Justice Reform
• Administrative Law
• Police Administration

Police Policy Guidelines

Core Idea

Operational directions issued by executive authorities governing police conduct.

Connected Concepts

• Executive Function
• Police SOPs
• Administrative Instructions
• Internal Governance

Court’s Position

Judicial interference with policy requires clear constitutional justification.

See also

• Administrative Discretion
• Separation of Powers

Police Order 2002

Core Idea

Primary statutory framework governing policing in Pakistan.

Connected Concepts

• Police Administration
• Executive Authority
• Criminal Investigation
• Police Accountability

Related Amendments

• Sindh Act XI of 2019
• Police Rules Amendments (2021)

See also

• Police Reform
• Criminal Justice Administration

Police Rules 1934

Core Idea

Operational regulatory framework governing police conduct.

Connected Concepts

• Administrative Rules
• Police Procedures
• Executive Regulation

See also

• Police Order 2002
• Police Discipline

Standard Operating Procedures (SOPs)

Core Idea

Administrative instructions governing arrest and investigation.

Connected Concepts

• Arrest Procedure
• Police Accountability
• Criminal Investigation
• Administrative Law

See also

• Executive Guidelines
• Police Reform

Criminal Justice

Arrest

Core Idea

Lawful deprivation of liberty in accordance with statutory safeguards.

Connected Concepts

• Police SOPs
• Due Process
• Custodial Rights
• Criminal Procedure

See also

• Detention
• Investigation
• Human Rights

Detention

Core Idea

Custody of a suspect subject to constitutional and statutory safeguards.

Connected Concepts

• Arrest
• Custodial Rights
• Police Procedure
• Torture Prevention

See also

• Due Process
• Criminal Procedure

Investigation

Core Idea

Statutory process of collecting evidence to determine criminal responsibility.

Order’s Principle

Investigations continue according to law despite invalidation of judicial overreach.

Connected Concepts

• Police Authority
• Criminal Procedure
• Evidence
• Inquiry

See also

• Fair Investigation
• Criminal Justice

Inquiry

Core Idea

Administrative or legal examination into alleged misconduct or criminal allegations.

Connected Concepts

• Investigation
• Accountability
• Administrative Proceedings

See also

• Police Discipline
• Due Process

Human Rights

Custodial Rights

Core Idea

Legal protections available to persons under police custody.

Connected Concepts

• Arrest
• Detention
• Torture Prevention
• Due Process

See also

• Human Rights
• Criminal Procedure

Torture Prevention

Core Idea

Legal prohibition against torture and custodial abuse.

Connected Concepts

• Torture and Custodial Death Act 2022
• Police Accountability
• Human Rights
• Custodial Rights

See also

• Rule of Law
• Constitutional Rights

Comparative Constitutional Law

D. K. Basu Guidelines (India, 1996)

Core Idea

Judicially developed safeguards governing arrest and detention by police.

Relationship in Order

The Court notes that these guidelines influenced the High Court but observes that subsequent Pakistani legislation has comprehensively regulated the field.

Connected Concepts

• Comparative Law
• Arrest Safeguards
• Custodial Rights
• Judicial Guidelines

See also

• Police Reform
• Human Rights
• Criminal Procedure

Comparative Constitutional Borrowing

Core Idea

Use of foreign judicial precedents in domestic constitutional reasoning.

Connected Concepts

• Comparative Law
• Judicial Persuasion
• Constitutional Interpretation

See also

• D. K. Basu Guidelines
• Foreign Precedent

Administrative Law

Administrative Discretion

Core Idea

Executive authority to formulate and implement operational policies within legal limits.

Connected Concepts

• Police Policy
• Executive Function
• Judicial Review
• Administrative Independence

See also

• Separation of Powers
• Public Administration

Policy Guidelines

Core Idea

Executive instructions regulating governmental administration.

Order’s Principle

Courts ordinarily should not interfere with policy absent constitutional or legal infirmity.

Connected Concepts

• Executive Function
• Administrative Law
• Judicial Restraint

See also

• Executive Governance
• Police Administration

Constitutional Principles

Rule of Law

Core Idea

Every public authority must act according to law and within constitutional limits.

Connected Concepts

• Constitutional Supremacy
• Judicial Review
• Executive Accountability
• Due Process (USA)

See also

• Separation of Powers
• Constitutional Governance

Constitutional Supremacy

Core Idea

All institutions derive authority from the Constitution and must remain within constitutional boundaries.

Connected Concepts

• Article 199
• Judicial Authority
• Executive Authority
• Legislative Authority

See also

• Rule of Law
• Constitutional Interpretation

Procedural Law

Constitutional Petition

Core Idea

Legal proceeding invoking constitutional jurisdiction to challenge governmental action.

Connected Concepts

• Article 199
• Writ Jurisdiction
• Judicial Review
• Public Law

See also

• Constitutional Litigation
• Judicial Remedies

Appellate Jurisdiction

Core Idea

Authority of a superior court to review decisions of lower courts.

Connected Concepts

• Constitutional Appeals
• Judicial Supervision
• Error Correction

See also

• Constitutional Court
• Judicial Hierarchy

Knowledge Graph Summary

Federal Constitutional Court Order (2026)
│
├── Article 199
│   ├── Writ Jurisdiction
│   ├── Judicial Review
│   ├── Lis
│   ├── Jurisdictional Limits
│   └── Constitutional Petition
│
├── Separation of Powers
│   ├── Executive Function
│   ├── Legislative Function
│   ├── Judicial Restraint
│   └── Administrative Discretion
│
├── Judicial Doctrine
│   ├── Judicial Overreach
│   ├── Suo Motu Jurisdiction
│   ├── Policy Guidelines
│   └── Constitutional Limits
│
├── Police Governance
│   ├── Police Reform
│   ├── Police Order 2002
│   ├── Police Rules 1934
│   ├── SOPs
│   └── Arrest Procedures
│
├── Criminal Justice
│   ├── Arrest
│   ├── Detention
│   ├── Investigation
│   └── Inquiry
│
├── Human Rights
│   ├── Custodial Rights
│   ├── Torture Prevention
│   └── Due Process
│
└── Comparative Constitutional Law
    ├── D. K. Basu Guidelines
    ├── Comparative Borrowing
    └── Foreign Judicial Precedent