In the controversy generated over the changes in the Khyber Pakhtunkhwa Ehtesab Law, it is difficult to agree with the former DG of the Ehtesab Commission even though, for me, that would be politically inconvenient.
One, the principle of placing checks on unbridled powers enjoyed by an individual and diffusing it among all members of the commission is not unsound. The former DG has reputation of personal integrity but this reputation cannot be made a justification for placing all powers in one individual without any checks. Two, the provision not to make inquiries on anonymous complaints is a sound judicial principle. Has any military officer ever been investigated, much less arrested or tried, merely on the basis of an anonymous complaint? Investigation and arrest on anonymous complaints is double standards, immoral and unlawful. Three, prescribing a time frame for inquiries and investigation is needed to ward off the allegations of motives behind deliberate prolongation of inquiries and investigations based, not infrequently, on anonymous complaints. Four, the phase when charges are determined and a decision to file a reference is taken is most critical and is best left to the collective wisdom of the commission instead of the real or imagined reputation of an individual. Fifth, why should the requirement to inform the custodian of the House and the chief secretary be viewed as an infringement on the independence or powers of the commission? The umbrage at the provision that all appointments made in the directorate general will be examined by a scrutiny committee is understandable. However, it would have been more laudable had the ex-DG taken this challenge head on.
Senator Farhatullah Babar
Islamabad