PHC stays appointment of KPEC chief

PESHAWAR: The Peshawar High Court (PHC) on Thursday stayed the appointment of director general Khyber Pakhtunkhwa Ehtesab Commission (KPEC) till the next order of the court.

A division bench comprising Justice Qaiser Rashid Khan and Justice Lal Jan Khattak restrained the provincial government’s Search and Scrutiny Committee from submitting nomination/recommendations summary to Legislative Committee of Provincial Assembly for amendment in section 5 (2) of Ombudsman Act.

The court issued orders in a writ petition filed by a senior lawyer Jamal Afridi against the government decision to amend the law as to make the provincial ombudsman eligible for the post of director general KP Ehtesab Commission. The court fixed May 3 for the next hearing of the case. 

The petitioner submitted that under the present law of Ombudsman Act, the provincial ombudsman shall not hold any office of the profit in the Service of Pakistan or the province before the expiration of two years after he has ceased to hold that office, nor shall he be eligible during the tenure of office and for a period of two years thereafter for election as member of parliament or a provincial assembly or any local body or take part in any political activity.

He said that in the advertisement it was clearly mentioned that those candidates who are eligible on March 10, 2017 may apply for the post of KPEC DG, and claimed that the provincial ombudsman was not eligible for the said post.

It said the provincial government has decided to make amendments and relaxation of two years bar for provincial ombudsman in such a situation was violation of the merit policy and against relevant law and Constitution. It was submitted that the amendment is being brought in utter disregard of the relevant provisions of the Constitution and law for the personal benefit of provincial ombudsman, who is “blue-eyed” of one of the respondents. 

The court was requested that summary/approval of relaxation in section 5(2) of the Ombudsman Act 2010 for provincial ombudsman may be declared illegal, malafide and unconstitu- tional with ulterior motives.