ACE barred from probing transfer of ETPB land

LAHORE
The Additional Chief Secretary (ACS) Punjab has barred Anti-Corruption Establishment (ACE) Punjab from proceeding further into a scam of alleged illegal transfer of multi-billion 984 acre land of Evacuee Trust Property Board (ETPB) citing issues related to jurisdiction.
The ACS has made the decision on the recommendations of Secretary Law and Secretary Prosecution Punjab observing as ETPB is still being run by the federal government even after 18th Amendment, the Federal Investigation Agency (FIA), which had registered an FIR on the same issue before the probe of ACE Punjab, should continue its investigations.
It may be important to mention here that following the directions of the chief minister, the anti-corruption had initiated inquiry into the alleged illegal transfer of 984 acre agriculture land of the Trust located in Mauza Ram Parshad, Depalpur. During their initial probe, the ACE investigators had recommended the Headquarters to register FIR against the revenue officers, including then Assistant Commissioner Depalpur Asif Rauf Khan, Patwari Muhammad Hussain, Kanongo Muhammad Akram, Naib Tehsildars Najam Hafeez and Rana Riaz, Data Entry Operator Sohail Iqbal and Munawar Hussain, a private person against whom the whole land was transferred allegedly illegally.
As FIA Lahore had already registered an FIR 131/2015 on the same issue and against the same accused on August 25, 2015, prior initiation of Establishment’s probe, the high-ups of the provincial watchdog of corruption had sought legal advice from the ACS Punjab to proceed further. They also sought his advice whether ACE should register an FIR or not on the matter which was already under investigations by the FIA.
Following the request of anti-corruption, the ACS had sought observations from Secretary Law and Secretary Prosecution Punjab on the matter.
According to the report submitted to ACS, the Secretary Prosecution observed that according to FIA Act 1976, jurisdiction lies with FIA, if the offence has been committed in connection with matters concerning the federal government. In this case, FIA apparently assumed jurisdiction because the property is Hindu trust property being administered by the federal government under ETPB Act 1975. He observed that the department was of the view that the subject (ETPB) is no more federal in nature, however, comments should be sought from Law Department on the constitutional position of the subject and what actions ACE should take if the matter was considered as provincial in nature.
In his report, Secretary Law Punjab observed that after 18th Amendment, the ETPB stands transferred to the provinces, however, Clause (6) of Article 270-AA inter alia provides that a law in force immediately before the commencement of the said amendment shall continue to remain in force until altered, repealed or amended by the competent authority. Constitutionally speaking, he observed, the competent authority for the law relating to the ETPB in now the provincial government, however, the federal government hasn’t so far devolved the assets onto the provinces.
The Secretary further observed that as the relevant law hasn’t yet been adopted in the provincial government, ETPB, at the moment, is being administered, managed and controlled by the federal government in accordance with law in force immediately before the commencement of the amendment.
“This offence has allegedly been committed in relation to ETPB under administration of federal agency, FIA has already taken cognizance of the matter and registered FIR. Any further indulgence by the ACE may be a futile exercise”, he observed.
The Secretary further observed that Law Department is of the view that if allegations are identical, the ACE may not register an FIR, instead, it may assist the FIA in its ongoing investigation”.
The ACS made the decision on their recommendations and barred the provincial anti-graft body from further proceedings into the issue. The ACS also asked the Establishment to assist FIA in their ongoing investigations.
When contacted, a senior ACE officials, seeking anonymity, confirmed to The News that they had been barred from probing Depalpur issue any further. He said the ACS has communicated this and we are also told to facilitate FIA in their investigations.