PESHAWAR: The dust raised after the resignation of Khyber Pakhtunkhwa Ehtesab Commission’s Director General over the issue of amendments in the relevant law is yet to settle. A war of words is still going on between the ex-director general, Lt-Gen (retd) Mohammad Hamid Khan and government functionaries including Chief Minister Pervez Khattak and some of the provincial ministers.
While the ex-DG, who was appointed in Oct 2014, has cited multiple reasons for his resignation submitted on Feb 10 including the amendments made in the KPEC Act 2014 and of late has also alleged that they were inquiring into alleged corrupt practices by some sitting and former ministers including the chief minister, due to which the powers of the DG were curtailed through these amendments.
Contrary to his allegations, the government circles stated that through these amendments, introduced through the KPEC (Amendment) Ordinance 2016, the government had tried to remove the loopholes from the law so that it could not be misused. They further claimed that enormous powers were assigned to the DG whereas that of the Ehtesab Commission comprising five commissioners was limited.
“In less than two years, the commission has conducted 90 inquiries, 43 investigations, followed with 13 references. For the first time in Khyber Pakhtunkhwa history, powerful ministers and senior bureaucrats have been arrested on charges of corruption. Their cases are being processed in relevant court of law,” citing his achievements the DG has stated in his resignation.
Some of the changes in law considered vital for transparency
Ever since the commission became operational and arrests were started in April 2015 its functioning was drawing criticism not only from the opposition but also from the government circles. One major criticism drawn by the KPEC was that they used to arrest persons prematurely in inquiry stage. Several of the suspects had claimed that the concerned investigation officer had started inquiring into their cases after their arrests.
Similarly, the nominal role of the chief Ehtesab Commissioner and the four Ehtesab Commissioners had also drawn criticism. This was one of the reasons that while the ex-DG had opposed the amendments, the Ehtesab Commission had welcomed the changes and termed them appropriate and suitable.
Now the government had tried to remove certain flaws and in the functions of the five-member Ehtesab Commission it has now been mentioned that it would grant approval to the DG or an officer of the directorate general duly authorised for the arrest of an accused.
Previously, under section 36 (5) a suspect could be arrested in the inquiry as well as investigation stages. Now through the present amendments a person could only be arrested in investigation stage. Similarly, it has now been mentioned that no person shall be arrested without the warrant of arrest, duly approved by the commission.
Because of criticism against the commission the provincial government had constituted a cabinet committee headed by senior minister Enayatullah Khan, belonging to Jamaat-i-Islami, for putting forward recommendations so as to suitably amend the KPEC Act.
The said committee also included the then secretary industries, Sajid Khan Jadoon, who is the president of PCS (Provincial Civil Service) Officers Association. Looking at the record of the said committee it transpired that major amendments in the law were proposed by Sajid Khan, who had also remained secretary excise department.
Mr Jadoon had pointed out that the basic principles of jurisprudence had not been kept in mind and investigation, arrest, prosecution and execution had been assigned to one person. He had proposed several amendments wherein the operation authority was proposed to be with the DG but subject to prior approval and authorization of the Ehtesab Commission.
In response to his proposals the DG had mentioned that if these proposals were followed the essence of the Act would be eliminated and major amendments would be required in the act as the commissioners were only policy advisors.
In an interesting twist of event within few days of putting forward his proposals the DG issued his arrest warrants on Aug 25, 2015, where in it was stated that he had committed the offence of corruption and corrupt practices as defined in the Act. He was arrested and his grounds of arrest were issued on Aug 26.
The major charges mentioned in the said document were: “That you as ex-secretary Excise and Taxation and in your tenure illegal purchase of weapons were made in the excise and taxation department, which resulted government losses in millions. That these purchases were made with your willful knowledge and consent. Further, you were also involved in illegal purchase of wireless sets in the excise and taxation department, resulting losses in million to the government.” He was also charged with illegal vehicle conversion/procurement and purchase of sub-standard bullet proof jackets.
Interestingly, while the commission alleged that he had inflicted loss to the tune of millions of rupees in purchase of weapons, the entire purchase of 100 AK-47 rifles was of Rs3.6 million. Instead of conducting inquiry about quality of the rifles and the bullet proof jackets prior to the arrest the commission took 10 rifles for examination on Sept 9. Similarly, the six jackets purchased by the department were taken away by the commission on Sept 2.
Mr Jadoon was denied bail by the Peshawar High Court in Nov 2015. A three-member Supreme Court bench granted him bail on Jan 27, 2016.
“We find on record that the main allegation against the petitioner is that 100 numbers of SMGs 7.62x39mm were purchased which were substandard. At Page 123 of the petition we find a certificate duly issued and signed by Lt-Col Waqar Burhan, Principal, Elite Police Training College, who has confirmed that 100 SMGs provided to the excise and taxation department are of Chinese origin. His opinion may not be final at this stage because he has to appear in support of his certificate at the trial but at present this certificate has at least created a reasonable dent in the allegation by the prosecution/investigation agency that the SMGs purchased were substandard and were not China made,” the bench had observed in its order.
The bench observed that at present there were no reasonable grounds to believe that the petitioner was guilty of the offence he was charged with.
An expert on the issue said that the resignation of the DG had resulted into a major controversy enveloping the accountability process in the province. As the government circles had not effectively propagated the positive aspects of these amendments, therefore, it would now be difficult for them to convince the general public that these amendments were vital for ensuring transparency in the affairs of the Ehtesab Commission.
