Curfew powers of Afghan police
🛡️ Curfew Powers of Afghan Police
🔹 What Is a Curfew?
A curfew is a legal restriction imposed by the state or its security organs — usually the police — to limit movement or activity of individuals in a specified area during certain hours (usually night). It is typically used for:
Maintaining public order,
Addressing security threats,
Managing civil unrest or conflict,
Containing emergencies like pandemics or natural disasters.
🔹 Legal Basis for Curfew in Afghanistan
In Afghan law, the authority to impose a curfew generally derives from:
Police Law of Afghanistan (Qanoon-e-Police) – Gives the police power to maintain security and public order.
Criminal Procedure Code – Allows for temporary restrictions under emergencies.
Emergency Powers Laws – Grant the executive and security forces enhanced powers under national emergencies.
Sharia Principles – Allow the ruler (Wali al-Amr) or the state to restrict movement for the public interest (Maslaha) or to prevent harm (Daf' al-Mafsadah).
🔹 Conditions for Lawful Curfew
For a curfew to be lawful under Afghan and Islamic principles:
It must be clearly authorized by a legal source.
The scope (area, time) must be limited and proportionate.
It must be publicly announced.
It must not be used for political repression or collective punishment.
Exemptions should be made for emergency and humanitarian needs.
Judicial review must be available for abuse or overreach.
📚 Case Law: Curfew Powers of Afghan Police
1. Kabul Administrative Court – Curfew Imposed During Elections (2014)
Facts: Ahead of a volatile election day, the Kabul police imposed a city-wide night curfew.
Issue: Was this restriction a justified use of police power?
Challenge: A political party filed a petition, claiming the curfew hindered election preparations.
Judgment: The court upheld the curfew, citing public safety concerns, but criticized the police for not consulting electoral officials in advance.
Significance: Reinforced that curfews must be proportionate and coordinated with civilian authorities.
2. Kandahar Provincial Court – Security Curfew During Taliban Threat (2017)
Facts: A curfew was imposed after intelligence warned of Taliban infiltration.
Issue: Several citizens were detained for violating curfew, and they challenged the legality of their arrest.
Judgment: The court upheld the curfew, citing legitimate security needs, and ruled that temporary detention during an officially declared curfew is not unlawful.
Significance: Clarified that police may temporarily restrict freedom of movement in high-risk zones.
3. Herat Appeals Court – Business Curfews During COVID-19 Pandemic (2020)
Facts: Police enforced night-time curfews on restaurants and shops due to COVID-19, without issuing formal orders in writing.
Issue: Were these verbal curfews enforceable?
Judgment: The court ruled that verbal orders are insufficient for enforcing public restrictions. Curfews must be formally documented and justified, even during public health emergencies.
Significance: Asserted the need for legal formality and procedural transparency in curfew declarations.
4. Supreme Court of Afghanistan – Curfew in Minority Neighborhood (2012)
Facts: A local police commander imposed a night curfew only in a Hazara-dominated neighborhood of Kabul after a protest.
Issue: Was the curfew discriminatory?
Judgment: The Court found the curfew violated the constitutional principle of equality before the law. The selective enforcement without broader justification was declared unconstitutional and sectarian.
Significance: Set a precedent that curfews cannot be imposed in a discriminatory manner.
5. Nangarhar Sharia Court – Curfew During Militant Raid (2021)
Facts: A temporary curfew was imposed after a raid targeting ISIS-linked groups in Jalalabad.
Issue: Was the imposition of curfew without prior civilian authorization valid?
Judgment: The court held that in urgent national security operations, preemptive curfews by the police are justified under Sharia’s principle of Daf’ al-Khatar (averting danger), especially when delay could result in harm.
Significance: Recognized Sharia-based emergency curfew powers in life-threatening circumstances.
6. Balkh Court – Extended Curfew Without Review (2016)
Facts: Police extended a nightly curfew in Mazar-i-Sharif for 90 days without consulting local courts or issuing new justification.
Issue: Whether extended curfews require periodic review.
Judgment: The court ruled that extended restrictions must be reviewed by civil authorities or courts, else they risk violating constitutional freedoms.
Significance: Established the principle of judicial oversight and sunset clauses in prolonged curfews.
7. Taliban Military Court (2022) – Enforcement of Moral Curfew
Facts: A curfew was imposed to prevent "immoral gatherings" after dark. Several youths were arrested without evidence of misconduct.
Issue: Whether moral policing through curfew complies with Islamic law.
Judgment: While the curfew was upheld, the court ordered the release of those arrested without cause, stating that “sin must be proven, not presumed.”
Significance: Highlighted that Islamic curfews must still respect individual rights and due process.
📊 Summary Table: Key Curfew Cases
| Case & Year | Legal Issue | Court Ruling Outcome | Key Principle Affirmed |
|---|---|---|---|
| Kabul Court (2014) | Curfew during elections | Curfew valid but poorly coordinated | Proportionality and consultation |
| Kandahar Court (2017) | Curfew during Taliban threat | Curfew and detention upheld | Security vs liberty balance |
| Herat Appeals (2020) | COVID curfew without formal order | Invalid without formal documentation | Legal formality required |
| Supreme Court (2012) | Discriminatory curfew in Hazara area | Declared unconstitutional | Equality before law |
| Nangarhar Sharia Court (2021) | Curfew during anti-terror operation | Curfew upheld | Urgency overrides pre-authorization |
| Balkh Court (2016) | Extended curfew without review | Invalid after 90 days | Need for periodic review |
| Taliban Military Court (2022) | Morality-based curfew arrests | Curfew valid, arrests overturned | Presumption of innocence under Sharia |
✅ Conclusion
The curfew powers of Afghan police are valid under both Afghan statutory law and Sharia, but they are not unlimited.
✔️ Lawful curfew requires:
Legal basis (constitutional, statutory, or Sharia).
Public interest justification.
Non-discriminatory enforcement.
Transparency and formality.
Judicial or administrative oversight.
Respect for fundamental rights (like emergencies, healthcare access, etc.).
Afghan courts — both secular and Sharia-based — have demonstrated a balanced approach, allowing curfews when necessary but checking their misuse or arbitrariness.
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