PHC issues show-cause notice to KP govt

Ehtesab Commission

PESHAWAR: A division bench of the Peshawar High Court (PHC) on Monday issued show-cause notice to the Khyber Pakhtunkhwa government, asking as to why not the provincial government’s delegation of powers to the high court for the appointment of director general Khyber Pakhtunkhwa Ehtesab Commission is to be declared illegal and void.

A two-member bench comprising Justice Ikramullah Khan and Justice Ijaz Anwar issued the notice to the provincial government in a writ petition filed by Col (Retd) Saifullah, Director Investigation, Ehtesab Commission, through his lawyer Asif Yousafzai.

The division bench took notice of the matter during hearing of the writ petition. It observed that the KP government through legislation had empowered the administrative committee of the PHC to appoint DG of NAB, but it was not clear where an appeal has to be filed against the decision of the administrative committee. “Why not the whole section about delegation of powers to the PHC for the appointment of DG Ehtesab Commission is to be set aside,” the court questioned and put on notice advocate general of Khyber Pakhtunkhwa, KP government and Ehtesab Commission to assist the court on next hearing on this legal matter.

However, the petitioner’s lawyer submitted that wrong and baseless remarks had been written in the Annual Confidential Report (ACR) of his client. He said that the act was done by the Ehtesab Commission DG. He submitted that he then submitted his appeal with the Ehtesab Commission, but the Commission in violation of the law referred his matter to a committee, headed by the Ehtesab Commission DG.

He said that his client did not expect justice from the committee headed by the KP Ehtesab Commission DG and requested to direct the commission not to put the appeal before the DG Ehtesab Commission.

On the other hand, a few months ago the PHC had assumed the powers conferred by the provincial government for selection of director general Ehtesab Commission as well as its prosecutor general and director Internal Monitoring and Public Complaints Wing and started process for the appointments.

The PHC was also given authority to recommend action against these officers if found involved in corruption and corrupt practices.

The provincial government took the decision after facing severe criticism that it was appointing its favourites on key posts despite being ineligible for the prized job.

Due to the criticism, Chief Minister Pervez Khattak and PTI chief Imran Khan decided to hand over powers of appointment on the key posts, including director general Ehtesab Commission, to the PHC and brought amendment in the KP Ehtesab Act after passage from the provincial assembly through the KP Ehtesab Commission (Second Amendment) Act 2017.

Under the act, the selection committee shall also inquire into allegations of abuse of authority or misconduct by the Ehtesab Commission’s director general, commissioners, prosecutor general and director Internal Monitoring and Public Complaints Wing and after giving an opportunity to be heard in person, it may recommend to the government or the Ehtesab Commission, as the case may be, their removal, if found guilty.