Peshawar High Court (PHC) Decision On Striking Down KP Govt. Amendment In The KP Ehtesab Commission (KPEC) Act Widely Welcomed

He politicians and lawyers fraternity here Friday highly lauded the decision of Peshawar High Court (PHC) for striking down an impugned amendment made by the PTI-led Government to the KP Ehtesab Commission (KPEC) Act 2014 and declared it in line with spirit of constitution and principles of natural justice.

PESHAWAR, (UrduPoint / Pakistan Point News - 02nd Mar, 2018 ) :The politicians and lawyers fraternity here Friday highly lauded the decision of Peshawar High Court (PHC) for striking down an impugned amendment made by the PTI-led Government to the KP Ehtesab Commission (KPEC) Act 2014 and declared it in line with spirit of constitution and principles of natural justice.

The impugned amendment, which had empowered the judiciary to play the role of executive in appointments to various key posts at KPEC including its Director General, was declared unconstitutional and illegal by PHC two members bench on Thursday.

Former Additional Advocate General KP, Esa Khan told APP that powers of all three major organs of the state including legislature, executive and judiciary are clearly defined in the Constitution and this decision of high court was in line with spirit of constitution and principles of natural justice.

He said the amendment was inappropriate as under Article 175 (3) of the Constitution, the judiciary had to be separated from the executive, which means that judges shall not be assigned functions of the executive.

On April 25, 2017, the KP Assembly had passed the KPEC (2nd amendment) Act 2017, making several basic changes in the law and entrusting several important responsibilities to PHC Administrative Committee.

The amendment had empowered the PHC's Administrative Committee and the Advocate General KP to recommend suitable persons for the appointment of Director General KPEC, Prosecutor General and Director of Internal Monitoring and Public Complaints Wing (INMPC).

Esa Khan maintained that assigning executive functions to judges of the high court was against sprit of Constitution and principles of justice and the main function of the judiciary was to protect fundamental human rights of people besides providing speedy justice to litigants.

He wondered that how one can challenge orders of KPEC before the high court when the judges were made part of consultation in appointment of the key officials in the Ehtesab Commission. Khan said now appointments made by the Govt in KPEC could be challenged before high court and upright and competent candidates would be selected on merit, adding KPEC to functions more vigorously when free from all kinds of political pressure.

Referred to various judgments of the Supreme Court that had opposed assigning of the executive functions to the judiciary, the former Additional AG said the judiciary, being separate organ of the state, could not interfere in functions of the executive, especially for the selection of the most important officials including Director General under the KPEC law.

Member Provincial Assembly and PMLN leader, Saleh Muhammad Khan also hailed the decision of PHC and said it would ensure smooth functions of the government and judiciary in issues related to appointments in KPEC.

The MPA said when an organ of the state interfere or encroach in the functions of other organ in such matter chaos and anarchy is created and people ultimately suffer. He said Pakistan will progress only when all state organs should work under its constitution domain and accept each others' powers with open hearts, adding interference in each others domain would be disasters for democracy and the country.

The repeated amendments in KPEC had made the commission toothless besides shattered people's confidence on accountability process in KP, he said and added "KPEC has become bitter pill for PTI leadership who was double minded either to swallow it or omit it." The PMLN leader claimed that PTI led Government had passed KPEC Act and bringing amendments in it in haste without consulting the opposition parties and now was facing the brunt of this hasty decision.

He demanded PTI leadership to bring General (Retd) Hamid Khan back if he was serious about eradicating corruption from the province. "The people's confidence in PTI's claims of across the board accountability would only restore with the return of General Hamid as DG KPEC." He alleged that PTI had completely failed to control corruption in KP besides fulfilling its promises made with people during its election campaign in 2013.

Saleh said massive financial irregularities and corruption in mega uplift projects in KP including Bab e Peshawar flyover and Billions Trees Afforestration as reported by media should be properly investigated and exemplary punished should be awarded to the corrupt elements.