PESHAWAR: A Peshawar High Court larger bench on Wednesday declared the enactment of the provincial Ehtesab law by the PTI-led government in accordance with the Constitution and dismissed 15 petitions of some former ministers and government officials against the law and different steps taken under it.

The five-member bench headed by Chief Justice Mazhar Alam Miankhel had heard the detailed arguments of all parties to the case for six days and reserved its judgment on Nov 30.

Other members of the bench were Justice Nisar Hussain, Justice Irshad Qaisar, Justice Syed Afsar Shah and Justice Mohammad Younas Taheem.

Prominent among the petitioners are former provincial minister and MPA Ziaullah Afridi, former provincial minister and Senator Sitara Ayaz, former provincial minister and PPP leader Liaquat Shabab, district coordination officer of Kohat and PTI MPA Gul Sahab Khan’s father Noor Daraz, provincial secretary of industries Sajid Jadoon, former provincial secretary of mines and minerals Mian Waheeduddin and former director general of mines Dr Liaquat Ali.

Larger bench rejects petitions of ex-ministers, govt officials against KPECA and steps taken under it

In a short order, the bench ruled that the Khyber Pakhtunkhwa Ehtesab Commission Act (KPECA), 2014, was in accordance with the Constitution and that it was a reasonable piece of legislation.

The bench ruled that the interim bail earlier granted to some petitioners would continue until their bail petitions were decided on merit.

Similarly, the interim pre-arrest bail granted to Senator Sitara Ayaz and Mian Waheeduddin will also continue until their cases are decided on merit.

Currently, Ziaullah Afridi, Dr Liaquat Ali and Sajid Jadoon are behind bars in connection with cases of corrupt practices and misuse of authority.

The bench also dismissed a petition of Liaquat Shabab against the appointment of retired Lt-General Hamid Khan as the KPEC director general.

The counsel appearing for the petitioners had contended that the commission had started inquiries against different person last year and had started arresting suspects in Apr 2015.

They said the chief secretary had issued a notification on Sept 14, 2015, for the setting up of the commission, which meant that prior to that notification all the acts done by the said commission and the provincial government in that regard were illegal including the appointment of the DG.

They had contended that the commission had also been given powers to deal with cases since 2004, which was against the Constitution as retrospective effect could not be given to that law.

They had argued that in the presence of National Accountability Ordinance (NAO) 1999 the provincial government had no powers to enact another law for setting up a new body for the same purpose of conducting accountability. They claimed that under Article 137 of the Constitution in any matter with respect to which both Parliament and provincial assembly of a province had powers to make laws, the executive authority of the province shall be subject to the executive authority expressly conferred by the Constitution or by the law made by Parliament upon the federal government.

They contended that in the presence of the NAB Law the Doctrine of Occupied field would be attracted as when a comprehensive law was already in the field the provincial legislature could not enact law on same subject.

Additional attorney general Syed Attique Shah had insisted the impugned Act was an intrusion into the NAO, which was promulgated in 1999, and had already been declared a valid law by the Supreme Court.

In defence of the KPEC, KP advocate general Abdul Lateef Yousafzai, prosecutor general Yahya Zahid Gillani, deputy prosecutor general Zahid Aman and additional deputy prosecutor generals Lajbar Khan and Qazi Babar Irshad had advanced arguments and contended that the Act was a valid piece of legislation and the provincial assembly was competent to enact a law for check rampant corruption.

They had contended that the KPEC Act was not in conflict with any of the provision of the Constitution or any other law.

They had rebutted the petitioners’ contention that in the presence of NAB law, anti-corruption was an occupied field and the provinces had no authority to enact a law in that regard.

According to them, the field is not occupied as NAB has miserably failed in eliminating corruption from the society and that because of the NAB’s failure, the provincial government was compelled to introduce the KPEC Act.

Published in Dawn, December 24th, 2015