Changes in KPK accountability law belie Imran’s claims

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s oft-repeated vociferous demand for justice and across-the-board ruthless accountability has received a serious rebuff by the proposed sweeping amendments in the Khyber Pakhtunkhwa (KP) accountability law, exasperating the provincial accountability czar.

Even in his address to a rally at Dera Murad Jamali on Sunday, the PTI chief stressed justice and accountability of the high and mighty without discrimination, and boasted of the measures taken by his party government in KP. However, the public outcry of KP Ehtesab Commission (EC) chief Lt-Gen (retd) Muhammad Hamid Khan tells a different story and casts serious doubts on Imran Khan’s claims.

The planned changes, which were approved by the KP cabinet on February 4 to be introduced through an ordinance, evidently reflect that the way Hamid Khan was proceeding has been rubbished and therefore, his powers are being significantly trimmed.

It is clear that Chief Minister Pervez Khattak disapproved certain actions taken by him so far and decisively moved to strengthen his administration by curbing the powers of the accountability chief. He was also possibly under pressure from the lawmakers of his party and coalition partners and senior bureaucrats to tone down the ‘harsh’ accountability law to stop Hamid Khan from becoming uncontrollable and unchecked.

That’s why, according to an amendment, no federal or provincial member of assemblies would be arrested by the EC without prior intimation to the concerned speaker. Similarly, in case of the arrest of a civil servant, prior intimation would be given to the chief secretary. However, it doesn’t prevent the EC from apprehending such persons, but requires it to indicate to different quarters about such arrests beforehand.

It is believed that Khattak was uneasy with the authority being exercised by the EC chief and found it obstructing his administration from the normal functioning. Through the proposed amendments, he has tried to protect the bureaucrats and federal and provincial legislators from unnecessary dragging by the EC in corruption allegations.

The chief minister has also made it clear that he is not satisfied with the appointments made in the EC and therefore, as per an amendment, induction of all such persons in the body before the commencement of the new proposed ordinance will be examined by a scrutiny committee.

Imran Khan would have certainly raised boisterous hue and cry had such amendments been approved by the federal cabinet in the National Accountability Bureau (NAB) law. Maybe, he would have threatened once again to start a protest campaign against such changes.

While the Khattak cabinet has passed drastic amendments, the PTI chief has frequently claimed credit for introducing non-discriminatory accountability in KP saying that even sitting ministers have been arrested without any interference by him or the provincial administration.

According to an amendment, the approval of the five-member EC is being made mandatory for the arrest of a suspect, meaning that the EC chief will not be the sole authority to take such decisions and instead the entire institution will do so. Thus, Hamid Khan’s power has been diluted. Similar restrictions are being imposed on his authority to file corruption references in courts. The EC can also take decisions by majority.

An inquiry launched by the EC will be completed in 90 days followed by investigation which will conclude in 30 days. Inquiry will be converted into investigation with the approval of the EC. An accused will be arrested only during investigation and not inquiry.

There are instances when the NAB, during Pervez Musharraf’s rule, initiated inquiries on anonymous complaints and harassed the accused for a long time but the complainants were not sternly dealt with after their pleas were proven false.

Another amendment in the KP law said no inquiry would be started on anonymous complaint and that fine imposed on a complainant on frivolous complaint would not be less than Rs500,000 and not more than Rs2 million.

In some cases, the official work is seriously hampered because the accountability body takes its record into custody and keeps it for a long time. Now, it will be binding on the EC to return official documents taken by it in custody from a department within 15 days.