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Tuesday March 19, 2024

Federal govt’s order clipping provincial ACEs’ powers withdrawn

By Ansar Abbasi
March 19, 2019

ISLAMABAD: The federal as well as the Punjab government have withdrawn earlier controversial order of clipping the powers of the provincial anti-corruption entities from proceeding against federal officers posted in the provinces in cases of corruption and misuse of authority.

Following The News story on the subject, the Federal Law Ministry issued an official clarification on March 13 on the basis of which the Punjab government withdrew its earlier order on March 16 to revert to previous position where the provincial Anti-Corruption Establishments (ACEs) will be allowed to proceed against federal employees posted in the provinces.

Operative part of the latest official communication issued by the Punjab Services & General Administration Department (S&GAD) on March 16 reads as:

“I am directed to refer to this department’s letter of even number dated 07-03-2019 and to state that the instructions issued vide this letter shall stand withdrawn w.e.f date of issuance.

2. I am further directed to reproduce below, the clarifications issued by the Ministry of Law and Justice in its U.O.No…. dated 13.03.2019 in respect of the Federal Government Employees, working under the administrative control of the Provincial Government:

‘It is clarified that the Federal Civil Servants, who are presently, on deputation and posted in Provincial Governments or entities falling under the umbrella of Provincial Government, could be inquired into and investigated by the Provincial Anti-Corruption Department in respect of any aspects of corruption or corrupt practices arising out of their service in connection with the affairs of the Provincial Governments. And there is no embargo or prohibition in this regard. However, what needs to be stated is that the Hon’ble Supreme Court of Pakistan in The State v. Hafeez-ur-Rehman 1998 SCMR 61, while interpreting section 6(3) of the Pakistan Criminal Law Amendment Act 1958, has been pleased to hold that if a Provincial Anti-Corruption Department decided to launch a prosecution against a Federal Civil Servants, who is on deputation in the Provincial Government or in any entity falling under its umbrella in respect of any of his acts performed in connection with the affairs of the Provincial Government or its entities, a “previous sanction’ of the Federal Government is to be obtained and in case the previous sanction of the Federal Government is not obtained then the prosecution will be without jurisdiction. To similar effect is the judgment of the Sindh High Court reported as M Yousaf Khan v. The State 1989 PCrLI 134.’

3. In continuation with the above policy guidelines/clarifications under the same U.O NO…. dated 13-03-2019, the Ministry of Law and Justice has also issued following instructions:

‘However, this is not the end of the matter. Reference is invited to the first proviso to section 6(5) of the Pakistan Criminal Law Amendment Act, 1958, which stipulates that where the previous sanction, in the context as aforesaid, is not available or filed with the learned Special Judge, he (i.e. the learned Special Judge) shall immediately address a letter to the Federal Government directing it to submit the sanction to the prosecution and in case the learned Special Judge does not receive any reply within 60 days of his letter to the Federal Government, the sanction to the prosecution ‘shall be deemed to have been duly accorded.’

4. I am also directed to the notice of all concerned for necessary compliance.”

Issued under the signature of Section Officer Estt-II, the official communication is addressed to Punjab’s Senior Members Board of Revenue, the Chairman Planning & Development Board, all the Administrative Secretaries, all the Commissioners and all heads of attached departments/autonomous bodies in the province.

The News had reported that neither was the prime minister consulted nor was he informed while issuing the controversial Office Memorandum, which was primarily aimed at frustrating the Punjab’s Anti-Corruption Establishment (ACE) recent drive against corruption, which has upset some influential DMG officers besides others.

The Prime Minister’s Office got to know about this development through The News story “Centre clips provincial ACEs powers” dated March 9. Sources said that the PM’s Office has played important role in the withdrawal of the earlier controversial order.