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law in force immediately before the commencement of the said amendment shall continue to remain in force until altered, repealed or amended by the competent authority.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.