INTRODUCTION
1.1 Historical Background of Anti-Corruption Agencies
Pakistan inherited the Special Police Establishment (SPE), a specialized anti-corruption investigation agency in 1947 and renamed it as Pakistan Special Police Establishment (PSPE). Simultaneously, Prevention of Corruption Act (PCA) 1947 was enacted with a wider scope to empower PSPE to investigate complaints of bribery and corruption against central government employees.
To expand the scope of anti-corruption laws to provincial government employees the West Pakistan Anti-Corruption Establishment Ordinance 1961 was promulgated. Under this law Anti-Corruption Establishment (ACE), was constituted at provincial level for the investigation of complaints of corruption against provincial public servants.
Due to the constitutional shift in the shape of the breakup of One Unit in 1970, each of the provinces established their own ACEs administered by provincial Police as an ACE Wing having an SP or DIG as the Head of ACE. And FIA was established in 1974 to deal with white-collar crimes related federal subjects.
Anti-Corruption Establishments (ACEs) are headed either by a Chairman (in Sindh), a Director General (in Punjab and Balochistan) or a Director (in KP). ACEs have jurisdiction over employees of the departments, organization and corporations set up by the provincial governments
The West Pakistan Anti-Corruption Establishment Ordinance 1961 Ordinance is still operational in Punjab and KP, whereas Sindh and Balochistan replaced it with Sindh Enquiries and Anti-Corruption Act, 1991 and the Baluchistan Enquiries and Anti-Corruption Act, 2010 respectively.
Anti-Corruption Rules, 1965 were also substantively amended by the Punjab in 1974, 1985 and 2014. Sindh and Balochistan, which enacted new anti-corruption laws, also promulgated new rules called Sindh Enquiries and Anti-Corruption Rules, 1993 and the Baluchistan Enquiries and Anti-Corruption Rules 2011, respectively.
1.2 History of ACEB
In Balochistan, ACE earlier worked under a DIG/SSP as mentioned above; however, a separate directorate was established in 2010 namely the Balochistan Enquiries and Anti-Corruption Act, 2010 and the Balochistan Enquiries and Anti-Corruption Rules 2011.
The administrative affairs of ACEB are under the purview of Secretary Services & General Administration Department (S&GAD) Balochistan. Whereas, the Director General ACEB is the operational head of the establishment working under the direct supervision of the Chief Secretary Balochistan as per ACEB Rules 2011.
⦁ SALIENT FEATURES OF ACEB RULES 2011
1.3.1 The Powers and Functions of the Director General, Anti Corruption Establishment Balochistan
⦁ The jurisdiction of the Director General shall be the entire Province of Balochistan.
⦁ to work directly under the supervision of Chief Secretary, Balochistan;
⦁ to supervise the working of the Enquiries and the Anti Corruption Establishment and shall be responsible for the efficient functioning and superintendence of it;
⦁ to be responsible to put up all cases to the Chief Secretary as and when required;
⦁ to allocate or transfer the task of enquires/investigation to such other members of the Establishment as the case may be pursuant to the Act;
⦁ to correspond directly with the Secretaries/Head of attached Departments/ Autonomous Bodies/Corporations or other bodies in connection with any information/document required for the purpose of enquires/investigation;
⦁ To ensure prosecution of the individuals through Anti Corruption Establishment after the decision of the concerned competent authority;
⦁ to keep close liaison with the Head of Departments/Divisional Commissioners/Deputy Commissioners/Head of the autonomous bodies to unearth cases of corruption and their speedy disposal. For this purpose, he may visit Divisional/District Headquarters;
⦁ to suggest improvement in the existing procedures of enquires / investigations so that the cases are speedily disposed of;
⦁ in case of an enquiry of a technical nature, for which no qualified staff is available, he may require the services of such member from any department; the Establishment;
⦁ to initiate the Performance Evaluation Reports of gazetted officers serving in the establishment;
⦁ to endorse the Performance Evaluation Reports of all other officials working in the Establishment;
⦁ to sanction the movements of all gazetted officers working in Anti Corruption Establishment throughout the Province in connection with their official duties;
⦁ to publish half yearly review of the performance of the Establishment;
⦁ to inform all Administrative Secretaries of the Government about the brief facts of the cases involving gross misconduct/dereliction of duty, calling for a penalty as provided in the Balochistan Employees' Efficiency and Discipline Act, 2011(Act No.VI of 2011) against officers of BPS-16 and above under their administrative control, immediately on occurrence alongwith the list of the cases and action taken/proposed to be taken in the matter;
⦁ to take up any of the pending or fresh departmental enquires of a Department on the direction of Chief Secretary;
⦁ to be informed on or before the 5' of every month by the Administrative Secretaries of the concerned departments about the disciplinary cases of those officers of BPS-16 and above against whom inquiry / case is pending in the Establishment / Court, indicating the latest progress in Schedule-HI;
⦁ to call for the Performance Evaluation Reports of any officer under enquiry from any department;
⦁ with the permission of the Chief Secretary, may cause issuance of instructions by the Administrative Secretaries to all their subordinate offices to extend co-operation to the Enquires and Anti Corruption Establishment in respect of its functions;
⦁ to require the services of the officers/officials in BPS-16 and below on deputation in the head office or in any regional office of the Anti-Corruption Establishment, and for officer of BPS-17 and above, with the prior approval of the Chief Secretary; to exercise the powers of transfer and posting within the Establishment upto BPS-16; and to carry out any other specific task and exercise powers as assigned by the Chief Secretary.
1.3.2 Powers and Functions of the Members of ACEB
⦁ The officer of the Establishment holding post not below the rank of an officer in BPS-16 may and empowered either by general orders or by special order of the Director General, within his jurisdiction, on direction of his superior officer or on an application made by any person or on a reference received from Government or Head of an Administrative Department conduct inquiry and surprise visit to detect and check the acts of misconduct, and shall, for that purpose, have all the powers of seizure of property and relevant record.
⦁ For the purpose of an enquiry into any complaint under the Act the Enquiry Officer of the Establishment not below the rank of an officer in BPS-16 shall have the powers of Investigation as have been assigned in the Code of Criminal Procedure to a Police officer.
1.3.3 Preliminary Enquiry
(1) Preliminary enquiries and investigations shall be initiated by the Establishment against public servants on complaints received from the Government, Heads of Administrative Departments or other reliable sources.
(2) No preliminary enquiry shall be initiated by an officer of the Establishment against accused public servant without prior approval of the competent authority as prescribed in Schedule-I.
(3) After preliminary inquiry if Director General, Director or Deputy Director (Investigation) finds that: -
a) There is no ground to proceed further in the matter, the proceedings shall be dropped with the prior approval of the competent authority after recording reasons and the complainant if any shall be informed.
b) There are reasonable grounds to proceed further in the matter; he shall refer the case along with the relevant record to the Director General for further process and to inform the appointing authority of the accused public servant for departmental proceedings under the existing Law/rules.
(4) Copies of final reports of dropped cases shall not be supplied to any person, without permission of the Director.
(5) As soon as the enquiry has been completed and final order have been passed the result of the same shall be intimated to the Establishment, along with a copy of Enquiry report for completion of record.
1.3.4 Examination in discreet enquiry / Complaint
Nothing contained in rule 8 of ACEB Rules 2011, shall preclude the Enquiry Officer from-
(a) conducting discreet enquiry for collecting material constituting schedule offence; and
(b)as certaining the identification of the complainant and the genuine of the complaint and documents produced;
1.3.5 Time limit for Investigation
Every investigation or enquiry under the Act and Rules made there-under, shall be completed within the period as provided in Cr.P.C.
1.3.6 Registration of Cases
Rule 11 of ACEB Rules 2011 calls for Registration of Case against public servants.
(1) Criminal cases shall be registered by the Establishment under the Prevention of Corruption Act, 1947 and under such Section of the Pakistan Penal Code, as have been set forth in the Schedule of the Act.
Provided that the criminal cases shall be registered by the Establishment at Anti Corruption Police Station and where there is no such notified Police Station, at local Police Station.
(2) No criminal case shall be registered against accused public servant without prior approval of the competent authority as specified in Schedule-1:
Provided that such prior approval shall not be necessary for registration of case against public servant likely to be caught red-handed as a result of a raid/trap, arranged by Establishment under the supervision of a Magistrate.
(3) In all cases of raid/trap, the District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate of the jurisdiction shall depute a Magistrate of first or second class for supervising raid/trap on the request made in writing by the officer of the Establishment.
(4) When a case is registered at local Police Station, the District Police shall have no jurisdiction whatsoever to proceed with the investigation and the relevant record shall be handed over to the Establishment.
1.3.7 Information to Administrative Authorities
Soon after registration of case against a public servant, a report shall be made to:-
(a) The Chief Secretary and the Administrative Secretary, if the public servant is in BPS-16 and above;
(b) The Appointing Authority and the immediate superior Officer, if he is in BPS-15 and below; and
(c) To the Registrar of High Court of Balochistan, if he is a Judicial Officer and other subordinate staff.
1.3.8 Arrest
Rule 13of ACEB Rules 2011allows for Arrest of public servants
The accused public servant may be arrested, if his arrest becomes unavoidable during investigation, with the prior permission of the competent authority as specified in Schedule-l:
S.No. Public Servants Competent Authority
1. Public Servants in BPS 01-18
(Excluding the sitting Deputy Commissioner and Superintendent of Police/District Police Officer) Director General
2. Public Servants in BPS 19-20 of the status of Commissioner, Secretaries to provincial government, head of attached department (including the sitting Deputy Commissioner and Superintendent of Police/District Police Officer)
Chief Secretary
3. Public Servants in BPS 21 & above Chief Minister/Government
4. Judicial officer and other subordinate staff of judiciary Chief Justice of the High Court of Balochistan
Provided that no prior permission shall be necessary for the arrest of a public servant (BPS-1 to 15) caught as a result of raid/trap.
1.3.9 Application of the Punjab Police Rules
In addition to these rules, the Establishment may follow the Provisions of Punjab Police Rules, 1934, as adopted or amended by the Balochistan in the investigation and the enquiry of offences specified in the schedule.
1.3.10 Application of Balochistan Employees' Efficiency and Discipline Act, 2011
All officers and officials serving in the Establishment and in the Court of Special Judge shall be subject to Balochistan Employees' Efficiency and Discipline Act, 2011 (Act No. VI of 2011).
1.3.11 Jurisdiction of competent authority in case of transfer of public servant
Where two or more employees are alleged to have jointly committed, or are involved in the commission of an offence and such employees have been transferred outside the territorial jurisdiction of the competent authority, the competent authority shall have jurisdiction over such cases, would be that within whose jurisdiction the alleged offence was committed.
1.3.12 Sue Moto Examination
The Chief Secretary and, the Director General may call for and examine the record of any case and may give such directions as may be deemed fit.
1.3.13 Powers of the Chief Minister
(1) Notwithstanding anything contained in these rules, the Chief Minister may pass any order relating to any enquiry, investigation against, prosecution of any public servant or any other matter, and such order shall have the precedence over an order passed by any other authority, in respect thereof.
(2) Such order, if received by the lower authorities directly must immediately be communicated to the Chief Secretary through Director General.
1.3.14 Constitution of the Committees
There shall be the following committees to perform such functions and powers as prescribed here under in rules 4: -
(a) The Provincial Anti-Corruption Committee No. 1 and No. 2;
(b) The Divisional Anti-Corruption Committee; and
(c) The District Anti-Corruption Committee.
The aforesaid committees shall consist of a Chairman and such members as specified in schedule-II provided that the Provincial Anti-Corruption Committee shall only beheaded by the Chief Secretary.
The Director General shall be the Secretary of the Provincial Anti Corruption Committee who may also attend the meeting of the other two committees.
1.3.15 Functions of the Committees
1.The Provincial Anti Corruption Committee shall perform the following functions: -
(a) to review the cases of misconduct leading to corruption in services and suggest measures for its eradication;
(b) to review at suitable intervals, the working of Anti Corruption Laws and rules and to suggest improvement in them;
(c) to co-ordinate with all agencies of Federal and Provincial Governments engaged in eradication of corruption; and
(d) to suggest publicity measures in the province for educating the public and Government servants against the evils of corruption.
2.The Divisional and District Anti Corruption Committees shall perform the following functions:-
(a) to review the problems of corruption in each Department and suggest measures for its eradication; and
(b) to suggest publicity measures within their jurisdiction for educating the public and Government servants against the evils of corruption.