Larger PHC bench formed to hear petitions against KPEC

PESHAWAR: The Peshawar High Court (PHC) on Tuesday formed a larger bench for hearing the constitutional petitions challenging the Khyber Pakhtunkhwa Ehtesab Commission Act, establishment of the commission and appointment of its director general.
A division bench comprising Chief Justice Mazhar Alam Miankhel and Justice Muhammad Younas Thaheem ordered the formation of the larger bench. It was done on the request of the petitioners’ lawyers to hear and decide the constitutional petitions challenging the Khyber Pakhtunkhwa Ehtesab Commission (KPEC) Act, appointment of KPEC director general and the actions taken by him.
Three of the petitioners are presently in jail. They include the former Pakistan Tehreek-e-Insaf (PTI) minister and Member Provincial Assembly Ziaullah Afridi, the previous director general of Mines and Mineral Development Department Dr Liaquat Ali and provincial secretary industries Sajid Jadoon.
The remaining petitioners have been freed on interim bail by the court. They include former Pakistan People’s Party (PPP) minister Liaquat Shabab, district coordination officer of Kohat District Council Noor Daraz Khattak who is also father of PTI MPA Gul Sahib Khan, additional secretary finance Imtiaz Ayub, chief child protection officer Dr Murad, housing officer of Kohat Development Authority Attaullah Jan, and owner of Iqra National University Obaidur Rehman.
They were arrested by the KPEC on different charges, including misuse of authority and corrupt practices.
During hearing of the cases, the lawyers for the petitioners submitted that presently four categories of cases are being heard by the court. These include cases that challenged the original KPEC Act 2014, the KPEC Amendment Act 2015, formation of the KPEC and appointment of the KPEC director general.
Lawyer Shumail Ahmad Butt raised a few constitutional questions. The first was whether the legislators of the KP Assembly were competent to make this legislation and if this law was not a violation of Articles 10-A, 12 and 25 of the Constitution.
He asked the bench whether the provincial government could make or enact a law for an area for which the federal government had already made a law called National Accountability Ordinance 1999.
The legal status of the KPEC was also questioned as it was pointed out that there were already laws including National Accountability Ordinance 1999 and the one regarding anti-corruption aimed at taking action against those accused of corruption in the province.
Ordering formation of the larger bench for deciding the constitutional petitions, the court fixed November 23 for hearing of all the cases.
Meanwhile, the bench also clubbed the writ petition filed by Senator Sitara Ayaz with these cases and extended the restraining order about her arrest by the KPEC till next order of the court.
Hailing from Swabi district and belonging to the Awami National Party (ANP), Sitara Ayaz served as provincial minister for social welfare and women empowerment in the ANP-PPP coalition government from 2008-2013. She was later elected as senator. The KPEC has accused her of involvement in corruption and misuse of power and ordered her warrant of arrest.