KP govt faces embarrassment over delayed notification of KPEC establishment

PESHAWAR: The Khyber Pakhtunkhwa government is likely to face embarrassment on for issuing the notification of the establishment of the Khyber Pakhtunkhwa Ehtesab Commission (KPEC) after a six month delay and the Law Department has already warned the provincial Administration Department of serious legal complications in the matter that has put the functioning of the anti-graft body in the limbo.
An official in the know of the matter, who also shared copies of the notification about the establishment of the KPEC and opinion of the Law Department with this scribe, said the government was in a state of bewilderment over the issue of the establishment and functioning of the commission in the absence of a proper notification. “It has become a legal question for the Establishment and Law Departments now,” he added.
The official reminded that the provincial government soon after the enactment of the Khyber Pakhtunkhwa Ehtesab Commission Act 2014 established the KPEC in the beginning of the current year.
He said the directorate of the KPEC started functioning and hiring staff in the absence of any notification regarding its establishment.However, the issue came to the fore after the arrest of a provincial minister and some high-ranking officers that caused embarrassment to the Pakistan Tehreek-e-Insaf (PTI)-led coalition government in the province.
The official said this prompted the Establishment Department to issue a notification on September 14, 2015 after almost a year of the active functioning of the KPEC. During the period, he added, the commission continued to arrest people, hire staff and spend funds.
The official said that even the notification of September 14 caused embarrassment to the government after its legality was challenged by the officers and minister arrested by the KPEC as it was issued after the establishment of the KPEC and that too without being vetted by the Law Department.
He also referred to Rule 12 of the Khyber Pakhtunkhwa Rules of Business 1985 and said that consultation with the Law Department was a must before the issuance of rules and notification of laws.
To be more specific, he said the government has “to consult Law Department (Rule 12 (1) (a) on all legal questions arising out of any case; (b) on the interpretation of any law; (c) before instituting criminal or civil proceedings in a court of law in which Government is involved; and (d) whenever criminal or civil proceedings are instituted against Government. For any proposed legislation, the Law Department shall be consulted in accordance with the provisions contained in these rules. And it is for the Administrative Department concerned to consider the desirability of legislation and all points connected therewith. “
To fulfill this essential requirement, the Establishment Department had consulted the Law Department on the notification about the establishment of the KPEC. However, the Law Department retuned it with an opinion that it was redrafted and examined, but “the fact cannot be ruled out that the establishment of the Ehtesab Commission from now, through this subordinate legislation will create legal complications, if challenged in the Court of law.”
The Law Department also advised the Administration Department “to examine the draft notification minutely to ensure that it is in order.” The law department’s opinion was submitted by Assistant Legal Drafter-II, Faseehullah.