PESHAWAR: The Khyber Pakhtunkhwa government has withdrawn a controversial ordinance promulgated around three months ago through which drastic changes were made in Khyber Pakhtunkhwa Ehtesab Commission Act and resulted in resignation of the commission’s director general.

An order was issued by Governor Iqbal Zafar Jhagra on May 2, through which the controversial ordinance -- KP Ehtesab Commission (Amendment) Ordinance, 2016 (KP Ordinance No II of 2016) -- was withdrawn.

The said ordinance was promulgated on February 9, 2016, and was scheduled to expire after completion of its constitutional life of 90 days on May 9, 2016.

The provincial government has already drafted a bill for making changes in the Ehtesab law and is expected to introduce it in the provincial assembly on May 6.

The first director general of the commission, retired Lt Gen Hamid Khan had tendered his resignation on February 10 in protest against promulgation of the said ordinance through which several changes were made in the existing KPEC Act, 2014 including reducing certain powers of the director general.

The then acting governor Asad Qaiser had accepted his resignation on February 12.

After his resignation, Hamid Khan had accused the provincial government of trying to influence the accountability process which he had launched.

Prior to promulgation of the ordinance, the provincial government had constituted a cabinet committee headed by Senior Minister Inayatullah Khan, belonging to Jamaat-i-Islami, for putting forward recommendations so as to suitably amend the KPEC Act as the law had been drawing criticism on different counts, especially about the unbridled powers of the director general.

In the light of report of the said committee, the ordinance was introduced by the provincial government.

Interestingly, while the former director general had been criticising the ordinance the Ehtesab commission including its five commissioners had put its weight behind the amendment and termed it suitable.

Through the amendments made in the law, the government had enhanced certain functions of the Ehtesab commission and certain checks were placed on powers of its director general, especially in arrest of suspects and filing of reference before Ehtesab court.

After the said ordinance, the law further provided Govt withdraws ‘controversial’ Ehtesab commission ordinance that upon completion of the inquiry or investigation as the case may be there shall be a prosecution conference within seven days under chairmanship of Chief Ehtesab Commissioner and to be attended by two commissioners, the director general and the prosecutor general to determine the charges to be framed and the matter to be referred to the court by way of reference.

Decision in that regard had to be made by majority of the votes.

Another important amendment was that all persons appointed in directorate general before the commencement of this ordinance shall be examined by a scrutiny committee to be constituted in the prescribed manner by the government.

The ordinance provided that no senator, MNA or MPA shall be arrested by the commission without prior intimation to chairman of Senate or speaker of National Assembly or provincial assembly, as the case may be.

Similarly, it was provided that in case of a civil servant intimation shall be given to the chief secretary.

It merits a mention that the KPEC Act, 2014, was passed by the provincial assembly on January 7, 2014, and the governor assented to it on January 10, 2014. Initially, under the Act, five Ehtesab commissioners were appointed after search and scrutiny process following which the then director general was appointed in October 2014. The law provided different powers to the director general.

Published in Dawn, May 4th, 2016