PESHAWAR, Nov 16: The federal government has circulated a draft ordinance among all the four provincial governments about the functions and powers of the prosecution service.

It is learnt that the proposed prosecution service (constitution, function and powers) ordinance, 2002, was approved by the federal cabinet last month after a consultation with the provincial governments.

As prosecution service is a provincial subject, the federal government decided to send the draft of the said ordinance to the provincial governments, with the direction that the respective governors should promulgate the ordinance.

Sources in the provincial law department confided to Dawn that although the draft of the ordinance was received last month, the provincial government had not been taking up the matter for unknown reasons.

An official claimed that like the Local Government Ordinance, 2001, which was drafted by the federal government and then sent to the provinces for its promulgation by the governors, the draft ordinance had been sent to the provincial governments for its promulgation.

The official claimed that under the Legal Framework Order, the orders and ordinances introduced by the present government had been given indemnity. If the proposed ordinance, he believed, was not promulgated before the establishment of an elected government in the province then it might face certain complications as the law would be debated in the provincial assembly. Moreover, if the ordinance was promulgated by the governor in the presence of an assembly its constitutional life would be of 90 days following which it has to be either re-promulgated or it would lapse.

Previously, the prosecution branch was attached with the police department. However, under police reforms the prosecution branch was separated from the police department. Since last year, when the local government system was introduced, the public prosecutors in the province have been expecting reforms in the prosecution section. However, the issue continued to linger on as the federal government was trying to formulate the law in consultation with the four provincial governments.

Under the proposed ordinance, the provincial government will establish a service to be called the prosecution service. The government would appoint a prosecutor general to head the service. Moreover, the prosecutor general will be assisted by such number of public prosecutors as the government may determine from time to time.

Through the proposed ordinance wide-ranging powers would be assigned to the prosecutor general, district prosecutor and public prosecutors. The public prosecutor would be empowered to lodge a case before the competent court for trial after receiving the final report. He would also be empowered to withhold the case for want of proper evidence and return it to the investigation officer with written direction to resubmit the report after removal of the deficiencies so identified by him.

The law also envisages that in respect of compoundable offences other than those which are punishable by death or life imprisonment, the prosecutor general, may withhold trial prosecution if reasonable grounds exist for the public prosecutor to believe that same will be compounded. If the offence is not compounded within a period of one month, he will lodge the report in a competent court for prosecution and trial.

The proposed law also empowers the district public prosecutor in case of offences carrying seven years or less imprisonment.