Case Details

Citation(s)
2026 SLG 1130 2026 SLD 1130 = 2026 PHC 1373
Peshawar High Court
W.P No. 847-M/2025
Presented By: QAZI JAWAD EHSANULLAH, J -------
Present: Mr. Asghar Ali, Advocate for petitioners. Mr. Haq Nawaz Khan, Addl: A.G. for respondents. Date of hearing:            28.01.2026

(Khurshid Ali Khan and others

VERSUS

.     Govt. of KPK and others)

Law: Constitution of Pakistan, 1973

Section: 199, 4, 10A, 14, 199

Law: Police Order (Amendment) Act, 2017

Section: 73, 2017

SUMMARY Court has set aside an order de-notifying a member of the Dispute Resolution Council (DRC) without a fair hearing. The petitioner was removed from the DRC without being issued a show-cause notice or given an opportunity to defend himself against allegations of misconduct. The court held that this action was violative of natural justice and due process, as the allegations against the petitioner were stigmatic and affected his reputation. Although holding a DRC position is a privilege, the court emphasized that principles of natural justice and fair hearing still apply. The authorities can initiate action against the petitioner, but must follow due process and provide a fair hearing.   The petitioners challenged the de-notification of petitioner No.1 from the Dispute Resolution Council (DRC) under Section 73 of the Khyber Pakhtunkhwa Police Act, 2017. The petitioner was removed on allegations of misconduct and interference in police affairs without being given a show-cause notice or opportunity of hearing. The Court held that although membership of DRC is a privilege, any stigmatic or adverse action requires observance of natural justice, including audi alteram partem. Since the removal was based on allegations without due process, it violated Articles 4, 10A, and 14 of the Constitution. The impugned notification was declared unlawful and set aside, with liberty to proceed afresh after proper hearing. Laws & Sections Used (Numbers Only) 199, 4, 10A, 14, 199, 73, 2017 Key Legal Principles / Cases Audi alteram partem (natural justice) PLD 1959 SC 45 PLD 1961 SC 537 PLD 2013 SC 195 (principle cited in judgment context) 1997 SCMR 1552 1994 SCMR 2232 PLD 2025 SC 11 2-Word Description Due Process JUDGMENT  Petitioners Khurshid Ali Khan and others have filed the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking the following reliefs: “It is, therefore, very humbly prayed that by the acceptance of the instant writ petition; Notification No. 785 / 86 dated: 11-07-2025 as well as act and omission of respondents whereby petitioner No. 1 has been de-notified and rest of the petitioners have…
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