PESHAWAR: The Khyber Pakhtunkhwa Assembly on Monday passed the KP Overseas Commission Bill, 2025, for the second time after Governor Faisal Karim Kundi returned it insisting the matters related to overseas Pakistanis fall within the jurisdiction of the federal government.

On Dec 3, 2024, the KP Assembly unanimously passed that bill to establish a commission to address complaints of overseas Pakistanis from the province against government agencies.

The bill, moved by law minister Aftab Alam, said that the commission would “receive and redress the grievances of overseas relating to government agencies, refer complaints and suggestions of such overseas to offices concerned and for matter connected therewith or ancillary there to.”

It added that the commission would consist of the chief minister as its chairman and the inter-provincial coordination minister, special assistant to the CM, or adviser to the CM as vice-chairman.

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“After enactment, the law will be applicable on any person of Pakistani origin and domicile holder of KP who is either permanently or temporarily settled outside Pakistan for employment, or for carrying on a business or vacation, or for any other purpose with intention to stay outside Pakistan for an unspecified period.”

The assembly again passed the bill when Speaker Babar Saleem Swati, who was in the chair, read a letter from the governor for “reconsideration of the KP Overseas Commission Bill, 2024.”

In the letter, the governor noted that welfare and grievances of overseas Pakistanis fell in the Federal Legislative List and that the bill would conflict with the constitutional principle of occupied field as the subject of immigration was already legislated and administered by the federal government, while the provincial governments did not possess the constitutional authority to legislate on matters included in the federal legislative list such as immigration.

“The proposed establishment of provincial commission will create a jurisdictional overlap potentially leading to legal challenges and it would also contravene the Immigration Ordinance 1979 which explicitly places the regulation of immigration under the preview of the federal government. The attempt to create such a commission not only undermines federal jurisdiction but also risks infringing upon the Constitutional mandated separation of powers between federal and provincial authorities regarding immigration related matters,” governor’s read the letter.

Law minister Aftab Alam Afridi told the house that the law department had already shared its opinion on the bill, whose approval would lead to the resolution of all complaints of overseas Pakistanis against provincial government departments.

He said the law department answered everything about the bill and that the Punjab Assembly passed the Overseas Commission Act in 2014.

“We regret this [act of the governor],” he said, adding that around 50 per cent of remittances sent in by overseas Pakistanis came from people belonging to KP.

In its formal opinion, the law department insisted that the governor had rightly pointed out that the subject fell within ambit of the federal legislative list of the Constitution but the scheme provided under the bill was required to be looked into in-depth for the reason that matter mentioned therein provide for redressal of the grievances of overseas Pakistani relating to government agencies—the agencies of the KP government—a matter purely falling within the legislative competence of KP.

Member of the opposition PPP Ahmad Karim Kundi said bills were always sent to the governor for approval.

He said such letters should be shared with lawmakers as well for consideration and discussion.

“The Constitution says that in case of any inconsistencies in the federal or provincial laws—the federal law will prevail,” he said.

The lawmaker said such matters should not be handled in a hurry.

The speaker observed that the law department’s reply was clear that the Overseas Pakistanis Commission would deal with matters about provincial government departments.

The house later re-examined the KP Overseas Pakistanis Commission Bill, 2025, before passing it by a majority vote.

Also, the speaker pointed out that the assembly was given the status of a committee to hold talks with the Pashtun Qaumi Jirga over Pakhtun issues.

He said the committee did a great job by addressing the situation following an attack on a Pashtun Tahaffuz Movement camp in Khyber tribal district.

Mr Swati said that the PQJ, during the talks with the committee had declared that it would submit a list of 63 elders along with its demands for discussion.

“It was decided that the committee will hold deliberations on the PQJ’s demands. The recommendations will later be forwarded to the provincial or federal government,” he said.

The speaker announced that the committee would meet at the assembly at 2pm today (Tuesday) with Mr Gandapur in the chair.

During the session, MPA Asif Khan Mehsud pointed out that a list of landmine victims from South Waziristan tribal district was shared with the house, but those residents had yet to be compensated. He said that a meeting hadn’t been held on the matter for the last six months.

The chair assured the lawmaker of a speedy process of compensating payment.

Also, MPA Muneer Hussain, who leads a special committee on the police raid on KP House in Islamabad, presented its report in the house. The chair adjourned the sitting until Jan 13.

Published in Dawn, January 7th, 2025