PESHAWAR: Opposing the provincial government’s decision to make drastic changes in the Khyber Pakhtunkhwa Ehtesab Commission Act, the commission’s director general has requested the chief minister to order the withdrawal of the proposed amendments, which, he insists, will undermine the principle of an independent and transparent accountability process.
In a letter sent to Chief Minister Pervez Khattak on Feb 4, KPEC Director General retired Lt-General Hamid Khan said: “At a time when the commission is actively pursuing inquiries and investigations on allegations of corruption against senior ministers, advisers and bureaucrats, the attempt to dilute the powers of the director general raises concerns about the intent of the PTI government to seriously pursue an anti-corruption agenda.”
On Feb 4, the provincial cabinet gave approval to the proposed KP Ehtesab Commission (Amendment) Ordinance, 2016, for making several amendments to the Act.
Ehtesab Commission chief insists proposed amendments will dent credibility of accountability process
Lately, the government has hinted at curtailment certain powers of the director general and proposed reduction in the suspects’ physical remand from the current 45 days to 15 days.
In the letter, a copy of which was also sent to the ruling PTI’s chief, Imran Khan, the KPEC director general said the proposed amendments to the KPK Ehtesab Act 2014 undermined the fundamental principle of an independent and transparent accountability process.
“To preserve the credibility of the accountability process, I strongly urge the government to reconsider and withdraw the proposed amendments to the Ehtesab Act,” he said.
Retired Lt-General Hamid Khan said the original Act was passed with the sole intent of improving governance by curbing corruption in public service.
He said as a consequence of the Act, an independent Ehtesab Commission was formed in 2014.
“Since its inception, the performance of the Ehtesab Commission has been repeatedly hailed by PTI chairman Imran Khan as a singular achievement of the PTI government,” he said, adding that in less than two years, the commission had conducted 90 inquiries and 43 investigations followed by the filing of 13 references.
The DG said for the first time in the province’s history, powerful ministers and senior bureaucrats had been arrested on charges of corruption and that their cases were being processed in the relevant courts of law.
He apprehended that the credibility of the accountability process underway in the province would be put to jeopardy with the proposed amendments to the Ehtesab Act 2014.
“For example, the changes would make the accountability process of the bureaucrats subservient to the executive. Similarly, the amendments would also circumvent the present powers to proceed against parliamentarians accused of corruption.”
It merits a mention that the KPEC Act, 2014, was passed by the provincial assembly on Jan 7, 2014, and the KP governor assented to it on Jan 10, 2014.
Initially, five Ehtesab commissioners were appointed under the Act after search and scrutiny process following which director general retired Lt-General Hamid Khan was appointed as DG in Oct 2014.
The law provides different powers to the DG.
The commission became functional last year. On Apr 17, 2015, it started arresting people on charges of charges of corruption, corrupt practices and misuse of authority.
Through the proposed amendments the government has decided to enhance the functions of the five-member Ehtesab Commission by also empowering it to give approval for arrests of accused persons.
The proposed ordinance provides that no senator, MNA or MPA shall be arrested by the commission without prior intimation to the Senate’s chairman or speaker of National assembly or provincial assembly, as the case may be.
Similarly, in case of a civil servant, the prior intimation shall be given to the chief secretary.
Under the proposed ordinance, an inquiry shall be completed in 90 days followed by investigation which shall be completed in 30 days.
“Inquiry shall be converted into investigation with the approval of the commission and an accused shall only be arrested during investigation stage and not inquiry.”
Published in Dawn, February 7th, 2016
Dear visitor, the comments section is undergoing an overhaul and will return soon.