The NWFP government on Monday tabled the controversial Hasba Bill in the Provincial Assembly aimed to establish the offices of Mohtasib (Ombudsman) at provincial, district and tehsil levels in the province. The Provincial Minister for Law and Parliamentary Affairs, Zafar Azam, presented the bill, which gave rise to great pandemonium in the house.
The members of opposition parties, including PPP-Parliamentarian, PPP-Sherpao, ANP, PML(Q) and PML rose on their feet expressing anger and disapproval by shouting "No, No".
During the rumpus some opposition members even tore the copies of the bill and threw them towards the law minister, for which the latter accused ANP MPA Khalil Abbas Khattak, who denied the allegation of the minister and called for a probe into the matter. He also offered to tender resignation in case the allegation was proved against him.
Hasba Bill is considered part of a series of Islamisation process by the ruling religio-political alliance, Muttahida Majlis-e-Amal (MMA) in the Frontier province.
Hasba Bill, after passage in the provincial legislature, would enable the provincial government to establish the institution of Mohtasib at provincial, district and tehsil levels. Appointment of a Provincial Ombudsman will be made by the Governor on the advice of the Chief Minister, and his qualification would be the same as required for a Judge of Federal Shariat Court.
The Provincial Mohtasib would be appointed for a period of five years. However, he can quit his office any time through tendering resignation.
The proposed provincial Mohtasib would have vast powers and duties, who on written complaint of any individual or reference from superior courts and provincial assembly could investigate the charges of indiscipline against any government agency or its employee.
However, no government official can send application regarding any complaint during his service.
The Provincial Mohtasib would monitor Islamic moralities and values at provincial level and would also utilise the provincial controlled media for the promotion of Islamic values. He would have to stop individuals, agency and official responsible to provincial government from un-Islamic activities and would urge them for good governance.
He would have to issue directives and frame principles to further improve the performance of the machinery working under 'Hasba Act'. It would help in simplifying and making provincial administration more affective. However, it will not interfere in sub-judice matters or those relating to government and other states and agencies. The law would also not be applicable to defence related matters.
For achieving the objectives of the bill, the Mohtasib would have to take measures for removal of the causes of in-discipline and social injustices through studies, research and training. He would be empowered to seek the assistance of experienced assistants.
PROCEDURE AND EVIDENCE: The complainants can send their complaints by hand or through post, e-mail and fax. In case of death of the affected person or complainant, any of his heirs can contact the office of the Mohtasib. In case of investigation, the Mohtasib would directly issue a notice to the principal office or sub-office of the agency concerned and in case of failure of the concerned agency or its official to give reply in the stipulated time, the Mohtasib himself could start investigation.
It would be informal. However, in particular conditions the Mohtasib could adopt any procedure.
The Mohtasib would be empowered to pay the expenses incurred due to rule of procedure of the Hasba Act and bear the expenses of the witnesses of the affected people. He is authorised to check the record of the concerned agency himself or by his nominated official. However, the record should not be about state secrets. If Mohtasib does not entertain a complaint, then he would have to inform the complainant about it.
The Provincial Mohtasib would be empowered to frame rules and procedures about the utilisation of the power and authorities by himself. He is fully empowered with civil courts' powers of summoning both rival parties; record their statements, presenting witnesses and documents.
IMPLEMENTATION OF MOHTASIB DIRECTIVES: After completion of proceedings on any complaint, the Mohtasib is empowered to issue orders to any authorised officer of the agency concerned, besides taking other required steps. The agency concerned would have to inform the Mohtasib about the steps taken in that regard and in case of not obeying the orders, the officer concerned may face action under Civil Servant Removal from Services Laws.
ACCESS TO DOCUMENTS: The Provincial Mohtasib or his employees or Hasba Police is entitled to enter any office for access to documents. He can also inspect documents concerned and obtain its photocopies. However, Mohtasib, his employee or personnel of Hasba Police would have to give a receipt for taking any document in their possession.
CONTEMPT OF HASBA: The Provincial Mohtasib has the same powers of contempt of Hasba as enjoyed by the High Court under Contempt of Court Act 1976.
PROVINCIAL CONSULTATIVE COUNCIL: The provincial Mohtasib would appoint a provincial consultative council, which he himself would head. The provincial consultative council would comprise two ulema, two lawyers, and two representatives of government of not less than BPS-20.
The Provincial Mohtasib would convene the meeting of the council for consultation on any important matter and would announce time and place for it. The unofficial members of the council would be entitled for honoraria, which would be fixed by the Mohtasib after approval from the government.
DISTRICT MOHTASIB: The provincial Mohtasib would have to appoint District Mohtasibs, whose qualification would be similar to those required for becoming member of the provincial consultative council. The District Mohtasib would also have a district consultative council.
The district and Tehsil Mohtasibs would have vast powers, and, besides performing the duties of vices and virtues departments, they would also ensure: observance of Islamic values at public places; waste of resources on family functions, particularly on weddings; maintaining Islamic limits in dowry; discouraging the practice of begging, cruelty on animals, un-Islamic customs and traditions; stopping use of mosque loudspeakers for sectarian speeches; guaranteeing the rights of minorities; check on weights and measures; artificial price hike; protection of public properties; anti-corruption; respect and obedience of parents.
For implementation of the decisions and directives of the Mohtasib, the provincial government would provide police force, which would work under his directives and orders. It would also have a Reconciliatory Committee at the level of every police station.
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