Reconsideration: Law dept told to redraft whistleblowers act

Say legislation covers too wide an ambit

PESHAWAR: The Khyber-Pakhtunkhwa Assembly Select Committee has deferred the draft of the provincial whistleblowers act, asking the law department to redraft it.

Members of the committee said they asked the law department to redraft the bill and send it back to the assembly.

“We will check it and see if the bill has been improved or not,” said Awami National Party lawmaker Syed Jaffar Shah who attended the meeting held in Peshawar on Monday. It was held under the chairmanship of Chief Minister Pervez Khattak.

Criticising ambiguity

He said the bill faced criticism from members of the committee for its “huge jurisdiction”, which could create problems and also jeopardise the very spirit of the law.

He added the bill is aimed to counter corruption in the province, but the application is not limited to that.

“We have asked the department to limit the bill to corruption related issues,” he said. The ANP leader maintained the legislation was giving cover to whistleblowers against any unlawful act. “‘Any unlawful act’ covers a vast area and it will certainly create problems and affect the objectives for which the bill is intended.”

Increase in fine

Shah said the present bill imposes a fine of Rs100,000 for a whistleblower who makes a false allegation against somebody to malign his or her reputation. “We asked the department to increase the fine up to Rs5 million, along with three years’ imprisonment for anyone involved in false accusations.”

The participants of the meeting discussed the increase in the fine and adding imprisonment to the punishment. Some participants feared the heavy fine and imprisonment would deter people from using the law.

“We believe that a person who has solid evidence would never be deterred by fines or imprisonment and those who have no proof would think many times before levelling false accusations with mala fide intentions,” the MPA said.

Shah added the committee suggested the law department chalk out a procedure to give the fine money to the aggrieved person. The law secretary had objections over this, but the committee asked him to make provisions regardless.

Addressing the participants, the chief minister said these laws would bring an end to corruption and corrupt practices. Khattak said whistleblowering will also be a way to discourage commission and ensure that whatever is indicated in the PC-1 of any development scheme will be on the ground. The government would spring into action if there is any mismatch and action can be initiated against corrupt practices.

The chief minister also agreed to the composition of a commission to be headed by a chairperson and its members would have terms of three years. The commission would have to complete its enquiry within 60 days.

The act will also have some safeguards for the protection of whistleblowers against any victimisation and disadvantageous position.

Published in The Express Tribune, August 23^rd, 2016.