ISLAMABAD, Nov 8: The federal government has asked the provincial governments of Punjab, Sindh and the NWFP to set up Independent Prosecution Service (IPS) under the provincial law departments expeditiously or else, it warned, the matter would be placed before the federal cabinet or the National Judicial Policymaking Committee (NJPC).

The provinces have been informed that in the event of the matter being placed before the federal cabinet or the NJPC, the implementing agency creating hindrances to setting up the IPS would be liable to action.

Provincial law departments and home departments of the three provinces have locked horns for the control of the IPS, blocking reforms for the country’s judicial system.

However, the “Report and Recommendation of the President” to the board of directors of the Asian Development Bank (ADB) for clearance of the loan for setting up the IPS clearly states that “an independent prosecution service will be institutionalized under the provincial law departments.”

The sources said the chief secretaries of Sindh, Punjab and the NWFP have been repeatedly told during the last two months to resolve the dispute but the matter is still unresolved.

Balochistan Assembly has already passed the law for establishment of the IPS. However, according to the federal law ministry, it needs to be reviewed to make the IPS an independent entity or to place it under the administrative control of the provincial law department.

The federal law ministry has asked the provinces that “in the present set-up the strengthening of this service needs its placement under the law departments instead of home departments.”

The purpose of the policy, according to official sources, was to strengthen the prosecution service.

To break the impasse, the federal law ministry has also suggested that at a later stage, IPS could be made a separate department with a separate budget to administer its affairs and plead government’s cases.

The terms and references governing the grant of loans by ADB proposed that an independent prosecution service would help enhance the accountability

of the police. Administrative control of the police and IPS by the home department, sources said, would undermine the objectives of delivering justice to the people.

It would also mean accumulation of powers in the home department which would be contrary to principles of separation of judiciary from the executive in broader principle, sources added.

According to terms and references governing the judicial reforms initiative of the government, “IPS would be established to ensure that cases fit for trial are pursued and to counter-check quality of police investigations.”

The IPS, according to the approved plan, is to be a resourced service with provisions for annual report on performance and quality of police investigations.