PESHAWAR: The Khyber Pakhtunkhwa government has prepared draft of a bill to replace decades-old two anti-corruption laws with a much stringent enactment to set up an anti-corruption force (ACF) amid reservations by provincial bureaucracy.

The government has prepared draft of the proposed Khyber Pakhtunkhwa Anti-Corruption Force Bill, 2025, aimed at replacing Prevention of Corruption Act, 1947, and West Pakistan Anti-Corruption Establishment Ordinance, 1961.

The proposed law, which is almost on the pattern of National Accountability Ordinance, 1999, and the erstwhile KP Ehtesab Commission Act, 2014, envisages establishment of ACF to replace KP anti-corruption establishment (ACE).

It is proposed that ACF would be headed by a director general (DG), who would be a serving or a retired officer of KP or federal government or judiciary of BPS-19 or BPS-20, to be appointed by the chief minister.

Proposed legislation to replace decades-old laws; officers body writes letter to CM, expresses reservations about bill

Official sources said that the government was eager to place the proposed bill before the provincial cabinet at the earliest. However, due to reservations by bureaucracy it couldn’t be included in the agenda of the cabinet meeting on Wednesday.

The proposed bill provides that after authorisation of registration of a case, the competent authority may direct arrest of an accused government servant or public office holder.

The competent authority in relation to government servant up to the rank of BPS-20 will be DG whereas for government servants of BPS-21 and above and public office holder will be the chief minister or officer authorised by him.

The proposed legislation envisages setting up of anti-corruption courts having a judge to be appointed by the government after consultation with the chief justice of Peshawar High Court for at least three-year term.

The proposed bill has prompted ‘fear and uncertainty’ in provincial bureaucracy and in this regard a letter has also been sent to chief minister by Provincial Management Service Association (PMSA), expressing its reservations.

The letter carrying the subject “Rethinking proposed anti-corruption laws: Lessons from the defunct Ehtesab Commission in Khyber Pakhtunkhwa” referred to different aspects of the proposed bill.

“The proposed law appears to mirror the now-defunct Ehtesab Commission (EC) — a decade-old initiative that was abandoned due to its inherent flaws and impractical provisions. The failure of EC serves as a cautionary tale, highlighting the dangers of an anti-corruption framework that relies on fear rather than accountability,” the letter states.

The association claims that EC, introduced with the noble intent of combating corruption, ended up creating administrative paralysis. “Bureaucrats, fearing unjust persecution, became hesitant to make decisions, which led to delays in governance and poor public service delivery. Given this history, it is crucial that the new anti-corruption bill undergoes thorough scrutiny,” the letter states.

It says that many provisions in the proposed bill are against the fundamental principles of justice and basic maxim of laws. It claims that there are multiple provisions in the proposed bill which are not in line with the basic human rights guaranteed by the Constitution of Islamic Republic of Pakistan.

The association requests the chief minister to address the issue on the priority basis by removing the ‘draconian provisions’ from proposed law in the best interest of the province so that another episode of Ehtasab Commission is not repeated which will surely paralyse the province again.

A member of the association pointed out several of the provisions in the proposed bill, which he believed were not in the interest of justice.

He said that contrary to the universal principle that an accused should be presumed innocent unless proven guilty, section 27 of the proposed bill placed burden of proof on an accused to prove his innocence. He added that changes should be made in the proposed bill so that prosecution must establish guilt beyond a reasonable doubt.

“No person shall be presumed guilty unless proven so in a court of law, in accordance with Article 10-A of the Constitution of Pakistan,” he suggested.

Contrary to the existing section 14, which provides that the competent authority may direct an officer of ACF to arrest the accused government servant or public office holder, the officer suggested that arrest should only be made upon prior approval of a high court judge, based on substantial evidence establishing prima facie his guilt.

He also opposed the provision related to freezing of assets by court of an accused, stating that assets may only be frozen upon conviction or with prior approval of the high court.

Moreover, he said, clear procedural guidelines should be established to prevent overlapping investigations and jurisdictional conflicts between NAB and the proposed ACF.

Similarly, about the punishment of up to two years imprisonment and fine of Rs1 million for a frivolous complaint, he suggested that the prison term should be enhanced to five years and fine to Rs5 million.

He said that an investigation officer, found filing false charges, may also be subjected to counter suit and penalty for ruining the reputation of officers and or public office holder.

Published in Dawn, February 13th, 2025