Anti-corruption drive in Punjab: ACE witnesses 0.4pc conviction in corruption cases

ISLAMABAD: The Anti-Corruption Establishment (ACE) is apparently deviating from its statutory mandate by kicking off a massive crackdown against the lawmakers in Punjab, giving currency to opposition's allegations of political engineering amid their campaign aimed at toppling the government.

The Punjab ACE has launched nearly 40 high profile inquiries/investigations in recent weeks against either current or ex-lawmakers as well as their family members, mostly from the opposition parties.

The latest development occurred as the conviction ratio in cases registered by the ACE remains less than one percent (0.4pc) in the past 14 years (2006-2020). The ACE got registered around 28,926 cases from 2006 to October 2020 while 695 convictions (0.4pc) were recorded during this period, according to official statistics, Geo News have had an exclusive access to. The ACE have had apparently little legal backing to launch an inquiry against sitting lawmakers, according to PACE Rules, 2014 and PEEDA Act, 2006.

Only 11 convictions were recorded this year against 1,127 registered corruption cases. Official figures revealed that the ACE launched some 132,679 inquiries after receiving 349,397 complaints from 2006 to this year (2020). Some 10,173 accused got acquittals from 2006 to Oct 2020 while 17,179 accused persons were arrested during this period. According to official figures, these cases and inquiries involved direct and in-direct recoveries of estimated Rs405 billion, which have yet to be recovered, according to official figures.

The application, extend and commencement of PACE Rules, 2014 shall come into force "On a complaint received from the government, a head of an attached department or other reliable sources, establishment shall conduct a preliminary enquiry against a public servant [government employee]." The PEEDA Act, 2006 called spade a spade that "it shall apply to-(i) employees in government service; (ii) employees in corporation service; and (iii) retired employees of government and corporation service; provided that proceedings under this Act are initiated against them during their service or within one year after their retirement."

"Punjab ACE under current law [PEEDA Act, 2006 & PACE Rules 2014] can only plead government employees. ACE should not deviate from its statutory mandate meaning ACE law cannot be used against lawmakers," observed Brig (retd) Muzaffar Ali Ranjha, who headed the ACE in Punjab. "Accountability must be a complementary force, not a derogatory process; I did not entertain complaints filed against lawmakers when I was in office in 2018," said Brig (retd) Ranjha.

Rana Anwar Khan, Director Legal, ACE, told Geo News, "I would not be able to comment on recent development [inquiries against lawmakers in Punjab]. "It is, however, true that PACE Rules, 2014 were somehow either silent or not explanatory on action against lawmakers as it [PACE Rules, 2014] only tells the procedure for action against government servants. ACE, however, took action against them [not as lawmakers]. ACE took actions against them under The Punjab Anti-Corruption Establishment Ordinance 1961 -- its rules/schedule (161, 164 to 161-165(a)(b), etc. help us to conduct inquiry against anyone."

On poor conviction ratio, Rana Anwar Khan said, "Over 3,344 cases are pending in 10 anti-corruption courts in Punjab. Eleven convictions were recorded in 2020 and 45 accused were convicted in 2018 and 2019. Reason for poor conviction is simple -- both parties (the complainant and the accused) most of the time do not pursue cases."

The Anti-Corruption (AC) Court, Multan, also in PML-N leader Ghafar Dogar case, stated that "Registration of case [against Dogar] in this matter is in violation of rule 6 and rule 3 of PACE Rules 2014. FIR 14/2020 dated 14/11/2020 u/s 420/467/468/471 PPC r/w section 5(2)47 is registered in violation of law and is of no consequences against the rights of the accused and his very arrest is also in violation of rule 7 of PACE Rules, 2014."

In Nov 2018, the apex court suspended certain clauses of PACE Rules, 2014 by empowering DG ACE to start inquiries against top bureaucrats without obtaining chief minister's permission. Before this order, ACE could not take action against top-level bureaucrats, working in BS-20 or above. The then DG ACE Hussain Asghar requested the apex court in this regard.

The ACE filed 1,127 cases in 2020, 2,014 in 2019, 4,175 in 2018 and 2017, 1,956 in 2016, 1,900 in 2015, 1,899 in 2014, 2,481 in 2013, 2,859 in 2012, 1,966 in 2011, 1,606 in 2010, 2,721 in 2009, 1,946 in 2008, 1,153 in 2007 and 1,123 cases in 2006, according to official figures. Some 132,679 inquiries were launched against 349,397 complaints filed during this period (2006 to Oct 2020).

Some 4,123 inquiries started in 2020, 8,726 in 2019, 16,840 in 2018 and 2017, 8,500 in 2016, 9,000 in 2015, 8,697 in 2014, 10,058 in 2013, 13,336 in 2012, 10,681 in 2011, 12,437 in 2010, 15,264 in 2009, 12,419 in 2008, 5,827 in 2007 and 5,269 inquiries in 2006. Official figures further stated that 17,497 complaints received in 2020, 27,127 in 2019, 33,821 in 2018 and 2017, 22,799 in 2016, 23,000 in 2015, 22,769 in 2014, 25,133 in 2013, 24,876 in 2012, 27,286 in 2011, 25,880 in 2010, 28,083 in 2009, 24,171 in 2008, 19,534 in 2007 and 17,421 complaints received in 2006.

The ACE started its crackdown against more than two dozen lawmakers and ex-lawmakers and their family members under the command of DG ACE Gohar Nafees who himself faces NAB's inquiry in assets beyond means complaint. Earlier this year, NAB Lahore sought bank records of Gohar Nafees and his family members, along with details of the property from Multan district administration. "I would neither comment on my own NAB inquiry nor on the ongoing crackdown against the lawmakers in Punjab," Nafees told Geo News.

The ACE started an inquiry against around 37 PML-N leaders/workers named as Toheed Akhtar, Chaudhry Sarfraz Afzal, Naveed Aslam, Rizwan Gill, Rana Sanaullah, Rana Mashhood, wife and son of Khwaja Muhammad Asif, Rana Mubashir, Rana Liaqat Ali, Chaudhry Arshad Warriach, Mansha Butt, Naseer Ahmed, Mir Badshah Qaisrani, Saqlain Bukhari, Ijaz Achlana, Ghulam Dastgir Khan, Abid Sher Ali, Afzal Hinjra, Ajmal Hinjra, Mian Riaz, Ibadullah Khan, Rana Muhammad Azeem, Ashraf Abbas Dogar, Riaz Goraya, Mian Zulfiqar, Rohail Asghar, Sohail Shaukat Butt, Ghazali Saleem Butt, Ahsan Raza, Afzal Khokhar, Saiful Malook Khokhar, Tariq Mehmood, etc. They all were accused of land grabbing and being involved in corrupt practices.