PESHAWAR, April 2: The NWFP governor has transferred some important executive powers of district nazims to district coordination officers (DCOs) by amending the Criminal Procedure Code (CrPC).

According to official sources, Governor Owais Ahmad Ghani had promulgated the Code of Criminal Procedure (NWFP) Amendment Ordinance, 2008, on March 6, transferring powers enjoyed by the district nazims under Section 144 of the CrPC, 1898, to DCOs.

A notification to the effect had been issued on March 22, the sources said.

Under the Constitution, an ordinance issued by the governor remains in force for three months. It is now for the new provincial government to decide whether to retain the amendments or revoke them.

Prior to the introduction of the devolution of power plan in 2001, executive powers were exercised by deputy commissioners (district magistrates) and sub-divisional magistrates, etc. However, amendments made to the Constitution in August, 2001, empowered district nazims to issue orders under Section 144 on written recommendations of district superintendent of police or executive district officer.

The amended ordinance states that words ‘district nazim’ wherever occurring shall be substituted with the DCO. Likewise, in sub-section (6) of the Section 144, the words ‘consecutive days and not more than seven days in a month’ have been substituted with the ‘months’.

After this amendment, an order issued by the DCO under this section could remain in force for two months. Previously, a nazim’s orders were supposed to remain in force for seven consecutive days in a month.

The sources said that the amendments had been necessitated by law and order situation in the province.

They said that although nazims enjoyed powers under Section 144, they were reluctant to use them because of political compulsions.

“The nazims exercised these powers only to ban pillion-riding and inter-district movement of cattle,” said a DCO who did not want to be named.

Another DCO, however, said that delegation of powers under Section 144 to DCOs would be of little consequence because they had no mechanism to implement the orders issued under the section.

“Police at the district level are only concerned about the general law and order situation, whereas orders of DCOs in other areas may not be taken as second priority,” the officer said, adding that an implementation mechanism for DCOs’ orders had to be introduced.

Although the amendments are being portrayed as a step aimed at improving the law and order situation, these are being viewed in official circles as a move towards gradual restoration of the defunct system of executive magistracy in the province.

The governor had earlier appointed three regional coordination officers (RCOs) on the pattern of defunct commissioners.

The RCOs have been given sweeping powers and all DCOs, political agents and deputy inspectors general (DIGs) of police have been placed under then. The nazims, who used to demand more financial and administrative authority and raised voices against the non-implementation of the Local Government Ordinance (LGO-2001) in the past, did not appear to have been upset by the amendments.

A district nazim told this correspondent: “Being a political person it was difficult for me to ban processions usually organised by political parties. Now that these powers have been taken away, we would not be required to take difficult administrative decisions.”