Amend, enforce, replay: K-P govt objects to changes in EC Ordinance

Imran’s tweets might just force amendments to be repealed

PHOTO: AFP

PESHAWAR:


In another reactionary move, Pakistan Tehreek-e-Insaf-led government is looking to withdraw the Ehtesab Commission (Amendment) Ordinance 2016. PTI Chairperson Imran Khan took to Twitter to object to the amendments made in the Ehtesab Commission (EC) law through an ordinance by his own party. He tweeted he had asked for the Khyber-Pakhtunkhwa Cabinet to withdraw the amendments.


Imran attended a meeting in which Chief Minister Pervez Khattak, the chief secretary and other leaders of PTI reviewed amendments in the EC law made through an ordinance issued by the government on February 9.

Ehtesab Commission Director General Lieutenant General (retd) Hamid Khan quit the commission in reaction to the ordinance the next day when the governor gave his approval to the ordinance draft.

Causes for grievances

The ordinance reduced the powers of the DG and empowered the commission. It made it mandatory for the DG to get approval from the commission’s five members before arresting a person and reduced the duration for keeping an accused to a maximum of 15 day instead of 45 days as stated in the act. The DG was also required to inform the speaker/chairman of the house in case an MPA, senator or MNA was arrested. In the case of arresting a bureaucrat, it was mandatory for the DG to inform the chief secretary.

Another important change to the law via this ordinance was to set up a scrutiny committee to re-examine the appointment of existing commission staff. The idea given was the scrutiny would ensure those working at the accountability body were competent and had been hired on merit.

It was also made mandatory for the commission to complete an enquiry within 90 days and investigation within 30 days.


The DG was not satisfied with the amendments and tendered his resignation to the chief minister on February 10 which was accepted.

Imran on Twitter

The tweets of Imran Khan regarding the withdrawal of the ordinance reflect the government, provincial bureaucracy and political landscape’s unpredictability. The constant changes hint at a non-seriousness attitude towards making laws and then changing them abruptly.

“The tweets show two things. One, that Imran Khan can turn down a decision made by the entire Cabinet and, two, if the government knew Imran Khan can change decisions [taken by it], why not take his approval before promulgating the ordinance?” said a senior official of the government, requesting anonymity.

The ordinance was based on recommendations given by a committee of the Cabinet.

However, a member of the committee, requesting anonymity, said certain changes made to the law were not based on committee recommendations. “We did not recommend the time limitation for the enquiry and investigation,” shared the member.

The space between Twitter and bureaucracy

Minister for Elementary and Secondary Education Atif Khan, however, explained Imran’s reaction differently. He said they were not going to repeal the ordinance immediately. “The ordinance will reach the Cabinet after its period lapses and will then be reviewed again in the form of a bill at the assembly,” he said.

Atif added, “We will review the law holistically and do not want the accountability process to weaken.” He said some people think the accountability process was getting damaged with each change, but that was exactly what the government did not want. Regarding filling Hamid Khan’s shoes, Atif said, “We will advertise the post and will appoint a new DG according to the law.”

Published in The Express Tribune, March 1st, 2016.
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