PESHAWAR, Aug 31: A cabinet committee has approved the proposed prosecution ordinance, recommending attaching the prosecution services with the provincial home department.

The committee, headed by provincial minister for food, Fazle Rabbani, decided the issue of attachment of the prosecution services, in its meeting that was held a few days ago.

Both the home and law departments had shown their eagerness to retain the supervision of services, necessitating the cabinet committee’s intervention.

The committee’s decision now awaits approval of the provincial cabinet following which the proposed law would be enacted.

The prosecution services had been functioning under the supervision of the law department.

The NWFP lags behind the rest of the country as other provinces have already enacted the law, streamlining prosecution services’ affairs.

In Sindh and Balochistan, the prosecution services have been attached with the home department, whereas in the Punjab, it has been set up as an independent body, functioning under a secretary.

The federal government had sent the draft of the prosecution ordinance last year to the four provinces for discussion and promulgation as it is a provincial subject.

The draft of the proposed Prosecution Service (Constitution, Function and Powers) Ordinance, 2002, was approved by the federal cabinet in October last after consultation with all the four provincial governments.

Previously, the prosecution branch was attached with the police department and it was separated from the department during the police reforms.

After the approval of the provincial cabinet, the proposed law would either be enacted through promulgation of an ordinance by the governor or a bill would be move in the assembly for making it an act of the assembly.

Under the proposed ordinance the provincial government shall establish a service to be called the Prosecution Service. The government would appoint a prosecutor-general to head the service. Moreover, the prosecutor-general will be assisted by such number of public prosecutors as the government may determine from time to time.

Through the proposed ordinance wide-ranging powers would be assigned to the prosecutor-general, district and public prosecutors.

The public prosecutor would be empowered to lodge a case before the competent court for trial after receiving the final report. Moreover, he would also be empowered to withhold the case for want of proper evidence and return it to the investigation officer with written direction to resubmit the report.

The proposed law also envisaged that in respect of compoundable offences other than those that are punishable by death or life imprisonment, the prosecutor-general, “may withhold prosecution if reasonable grounds exist for the public prosecutor to believe that same shall be compounded. If the offence is not compounded within a period of one month, he shall lodge the report in the competent court for prosecution and trial.”