Changing the law: Ehtesab Commission DG quits in a huff over amendments

On February 5, K-P Cabinet approved the draft of an ordinance to amend K-P Ehtesab Commission (EC) Act 2014

Khyber-Pakhtunkhwa Ehtesab Commission (EC) Director General Lieutenant General (retd) Hamid Khan quit on Wednesday. In his resignation letter, Hamid cited changes made to the law supporting the commission by the provincial government as the reason for his decision.

In the letter, he stated four “frustrations” due to which he decided to throw in the towel. Hamid wrote he agreed to join the commission not for the sake of emoluments but to help transform society.

“There is a serious difference between the undersigned [I] and the [other] commissioners on the interpretation of the act which has resulted in persistent interference in operational matters, which is against the act,” he wrote in the letter. “This issue cannot be resolved because of [the] nonexistence of any mechanism for the purpose.” He added the anti-corruption establishment was to become part of the EC as per the K-P Ehtesab Commission (Amendment) Act, 2014, but was later changed.

Then, Hamid stated, the National Accountability Bureau was supposed to limit its jurisdiction to the federal level after the 18th Amendment, but the government did not take notice of his statement which resulted in regular disputes between the two agencies
which, if anything, “is benefiting the accused”.



His fourth “frustration” was how the government issued amendments to the act which diluted the powers of the director general. “In fact, these amendments to the act have made the post of the director general redundant, made accountability and autonomy of the Commission controversial and thereby questionable.”

Over limited scope

When contacted, Hamid confirmed his resignation. “I joined the commission for specific reasons.” He said those reasons and those aims could not be achieved under the present law of the commission.

“I have no reason to stay in the office anymore,” he said. “The accountability and autonomy of the commission does not exist after the changes.” Hamid added he sent his resignation to the K-P governor under the rules and could not say whether it was accepted or not.

The K-P government recently amended the act through an ordinance which the K-P governor approved on Tuesday, February 9. The amendment reduces the powers of the director general of the commission and changes the accountability watchdog’s composition.

Although Hamid raised his concerns over the changes in the law in a letter to Chief Minister Pervez Khattak and Pakistan Tehreek-e-Insaf Chairperson Imran Khan, the watchdog posted a press release to its website on Tuesday welcoming the amendments.

In a statement issued on Wednesday, the spokesperson of the K-P government said the amendments will further strengthen the accountability mechanism. He added the recent changes in the Ehtesab law will make accountability more meaningful and speedy. After the amendments, the handout read, any enquiry would be completed in 90 days while investigation would be carried out within 30 days after which the commission would decide whether the case should be taken to court.

A copy of the resignation letter available with The Express Tribune can be viewed here: