NEWSLINE
June 99

BEYOND THE PALE

By Amir Mir

Despite numerous complaints of corruption against the Khidmat Committees, the government plans to give them legal cover that will put their actions beyond the jurisdiction of the courts

The PM seemed to be convinced that the solution to every problem would be provided through the extraordinary attributes of the KC members. Contrary to these expectations, cases of widespread misuse of power and corruption by members of the KCs soon started to pour in. Last year, hundreds of cases pertaining to blackmail, extortion, illegal possession of property, obstruction of justice, power theft, manhandling and kidnapping, involving none other than KC members were reported in the national press.

The federal government has decided to arm the Khidmat Committees with extraordinary legal cover, so that no one will be able to challenge them in any court or service tribunal established under any federal or provincial law. Constituted last year to check corruption at the grassroots level and facilitate the general public, these committees have turned out to be a menace.

Issuing a formal notification on April 13, 1999, the federal government has extended the tenure of these committees until further orders. According to Mumtaz Tarrar, chairman of the Markazi Khidmat Council, a summary has already been sent to the Prime Minster's Secretariat to provide legal cover to the Khidmat Committees. Besides, a preliminary draft of the proposed ordinance has already been prepared, envisaging the granting of extraordinary powers to these committees.

According to the proposed draft, "No court or service tribunal established under any federal or provincial law shall have the jurisdiction to question the validity of any action taken or intended to be taken or order made or anything done or purported to have been done under this ordinance and the rules, provided that nothing therein shall attract the appellate jurisdiction of any service tribunal in respect of final order." It further states: "The Khidmat Committee should have the power to stop any injunction or stay order or to make any interim order or order of status quo in relation to any proceeding being taken or anything done or intended to be done under this ordinance." The draft proposes that the committees be empowered with the power of a civil court trying a suit under the code of civil procedure, in respect of enforcing the attendance of any person and examining him on oath, about discovery and production of documents, receiving evidence and issuing commissions for the examination of witnesses.

Administering oath to some 5,000 members of the Khidmat Committees on April 13, 1998, at Islamabad's Faisal Mosque, Prime Minister Nawaz Sharif announced that he basic function of these committees was to monitor the government's performance at all levels. The committees were formed at division, district and tehsil levels and empowered to take action against corrupt government officials up to Grade-16. The Prime Minister's launch of hand-picked watchdog committees was, however, bitterly criticised as another move to strengthen his personalised style of governance.

To operate under the aegis of the Markazi Khidmat Council, the Khidmat Committee idea had actually been conceived when pressure groups within the ruling Muslim League started demanding a share of power, at least at the local level. A look at the Khidmat Committee booklet shows that its functions are ambiguous and loosely defined. While stating its aims, objectives and working, the booklet gives the impression that the common man has been exposed to lethal mix of politicians and bureaucrats - a new offshoot of the Sharif style of governance. The powers entrusted to the committees, beyond pointing out instances of injustice or corruption, are unclear, while there have already been complaints from various quarters that such committees have only added yet another layer to the tiers of corruption and red tapism already in existence.

Another concern is that the committee members by the government, obviously have a partisan complexion. Then there is the conflict of interest that has developed between the nominated members of the KCs and the elected members of the local bodies, especially in the Punjab.

Lacking participation in the scheme, the opposition parties also complain that the government is using the committees for witch-hunting. They are critical of the imposition of these non-elected, nominated structures on the people of this country, saying that only the masses have the right to judge the moral character and capabilities of individuals and institutions and not those nominated by one political party.

In all, there are 434 Khidmat Committees: 157 in Punjab, 105 in Sindh, 94 in Balochistan, 78 in NWFP and one in the federal capital. Equipped only with prime ministerial blessings, the KCs were asked to root out all evils from society, promote positive values, strengthen peace and consensus and most importantly, be the eyes and ears of the Prime Minister.

The PM seemed to be convinced that the solution to every problem, starting from the victimisation of the poor masses at the hands of the feudal lords, to the long queues for praying utility bills, would be provided through the extraordinary attributes of the KC members. Contrary to these expectations, cases of widespread misuse of power and corruption by members of KCs soon started to pour in. Last year, hundreds of cases pertaining to blackmail, extortion, illegal possession of property, obstruction of justice, power theft, manhandling and kidnapping, involving none other than KC members were reported in the national press.

Under these circumstances, the legality of these committees was challenged in the Lahore High Court, which simply restrained the KCs (on October 28, 1998) from interfering in the affairs of the province. An appellate bench of the same court, however, stayed the order of the single bench and admitted the appeal of the federal government for regular hearing. On December 11, 1998, the Lahore High Court observed that the KCs were not competent under the codified law as well as the Constitution to hold inquiry and pass orders. However, the case is still pending with the court.