LAHORE: The Punjab Assembly has passed a ‘controversial’ Punjab Enforcement and Regulatory Authority (PERA) bill, creating a parallel armed force in the province with vast powers to intrude into the life of citizens through arbitrary inspections, patrols and search of any person or vehicle, as well as to seize articles and goods, and make arrests.

The bill was passed on Friday in “five minutes” without any debate after Speaker Malik Ahmad Khan suspended the rules and had a vote on it. Hardly a few Sunni Itehad Council/PTI lawmakers were present when the bill was tabled and passed “smartly.”

The new authority is widely interpreted as an “attempt by Punjab ‘baboos’ (bureaucracy) to encroach upon powers of other agencies, including police and even the counter-terrorism force.”

A source told Dawn on Saturday that the opposition (PTI’s) representation was missing from the standing committee when the bill was finally passed.

New authority to wield vast powers over people’s daily lives

“One of the members, Ahmer Bhatti, was under arrest when all the members from the treasury on the committee passed the bill. Written dissent of the opposition was not considered. Besides, the committee passed the bill without first considering the final amendments and passed it in anticipation of the amendments directed by it to be incorporated in it,” he said and added the PPP, a coalition partner of PML-N, did not have representation in the committee.

According to the law, the PERA has been established to improve coordination and cooperation between existing regulatory agencies under special laws to streamline measures across the province for better and more effective enforcement of special laws. Under it a lead regulator in regulatory areas will be appointed where existing enforcement is lacking or prone to jurisdictional overlap -- to implement a uniform overarching strategy on regulatory compliance, establishing enforcement stations and empowering authorised officers to carry out proceedings and hearings to pursue administrative and non-judicial enforcement actions for violations under special laws.

Under the law, the new authority has the power to acquire or dispose of property, by its name, sue or be sued. It also has the power to arrest by the sub-divisional enforcement officer, enforcement officer and investigation officer under the Act in case any person is involved in any offence under the Act or scheduled laws or against whom a reasonable reference has been sent by the department or credible information has been received, or a reasonable suspicion otherwise exists of his having been so involved.

A person can be arrested for possessing any article suspected to be used or linked with the commission of an offence, obstructing the enforcement officer or any employee in the performance of his duty or has escaped or attempts to escape from lawful custody.

The law says the Punjab government may establish or declare any place or premises, not including a police station, generally or specially, to be an enforcement station for the purposes of the Act. There may be one or more enforcement stations for each sub-division having such territorial jurisdiction as may be specified.

The authority shall by notification appoint as many sergeants for each enforcement station as it may deem appropriate, from time to time. The director general shall exercise in respect of the squad such powers as may be prescribed by the authority. The members of the squad shall exercise such powers and perform such functions as may be prescribed by the authority. Every enforcement station shall have a prosecutor appointed under the Act, in such manner as may be prescribed, or deputed from the public prosecution department of the government.

The headquarters of the authority shall be at Lahore with such offices in such other areas, as the authority may deem appropriate.

The authority shall consist of the chief minister (chairperson), chief secretary (vice chairperson), senior member Board of Revenue, secretary home department, provincial police officer, secretary finance department, secretary services and general administration department, secretary local government, secretary prosecution department, secretary price control, and three members, including one woman, of the Punjab Assembly nominated by the CM, and four independent members, including one female appointed on the recommendation of the selection panel.

Any person making any whistle-blower disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and the allegations contained therein are true to the best of his knowledge and belief, and are not disclosed for any personal reason.

Published in Dawn, October 13th, 2024