NAO not applicable to KP after passage of Ehstesab Commission Act: AG

PESHAWAR: The advocate general Khyber Pakhtunkhwa said on Thursday that National Accountability Ordinance (NAO) was not applicable to the province after the passage of Ehstesab Commission Act 2015.
Arguing before a five-member bench headed by PHC Chief Justice Mazhar Alam Miankhel, AG Abdul Latif Yousafzai said that a bill had been moved in the Senate that calls for giving maximum powers to the province and limiting NAB law to federal areas.
He also said the concurrent list had been abolished after passage of 18th Constitutional Amendment.The AG added that after the abolition, some provisions of the concurrent list had been adjusted in the federal list including Criminal Law, Criminal Procedure and Evidence.
“At the same time, provinces were also empowered to legislate in specific areas on the three subjects, criminal law, procedure and evidence,” he added. Besides, he said the Pakistan Penal Code was a general law while ECA and NAO were special laws that were referred to a particular subject — corruption.
“The PPC covers all offences but special laws deal with specific offences like corruption,” he added.He argued that corruption came under the domain of provinces after passage of the 18th Amendment.
Explaining establishment of the Ehtesab Commission and issuance of notification, the AG said it was nowhere mentioned in the Khyber Pakhtunkhwa Ehtesab Commission Act (KPECA) that a notification would be issued for establishment of commission.
However, the chief justice inquired if it was not mentioned in the Act, then why it was issued one year after the establishment of the commission.He also asked the AG to assist the bench about legal status of the notification and it adverse affect for issuance.
The AG defended appointment of commissioners and director general. He said that commissioners were appointed on August 20, 2014.“Then a meeting of the commissioners was held for the appointment of DG and prosecutor general on October 15, 2014,” he said. When the CJ asked about the appointing authority, the AG said that EC was the competent authority to appoint DG and PG.
Representing provincial government, Additional Advocate General Umer Farooq Adam said the NAO failed to do away with corruption. Besides, he said that KPECA was by no means inconsistent and repugnant to NAO. “There existed an anti-corruption law when NAO was passed; no one said there was no need of NAO as a similar law already existed,” he said.
The hearing was adjourned till today (Friday).