PHC seeks assistance of advocate general

NAB interference in Forest Department

PESHAWAR: The Peshawar High Court (PHC) on Thursday issued a notice to the Khyber Pakhtunkhwa advocate general, directing him to appear and assist the court on law point whether the federal government could interfere in the affairs of the Forest Department of the province after devolution of powers under the 18th Amendment in Constitution.

The division bench comprising Justice Nisar Hussain Khan and Justice Musarrat Hilali sought the assistance in a writ petition filed by secretary Forest Department Khyber Pakhtunkhwa, Syed Nazar Hussain, against the National Accountability Bureau (NAB) interference in the affairs of the Khyber Pakhtunkhwa Forest Department.

During hearing, the petitioner’s lawyer Asghar Khan Kundi submitted before the bench that the petitioner is secretary Forest and Environment Departments Khyber Pakhtunkhwa.

He informed the bench that the NAB chairman under Section 33 (C) of the National Accountability Ordinance (NAO) had issued a notification about establishment of a committee, in which it was stated that the provincial government would take the NAB in complete confidence in the affairs of the forests.

The lawyer pointed out that the committee was established under the NAB law only for preparing strategies for awareness of general public about forestation in the province.

He informed the bench that after the18th Amendment, the federal government had no jurisdiction to interfere in the affairs of the Forest Department. He argued that after devolution of powers to the provinces under the 18th Amendment, the NAB chairman was interfering in the affairs of the province Forest Department, which was illegal and against the law.

He said the Forest Department has its own separate cell, which is monitoring the affairs of the department.

In the petition, the secretary Forest Department prayed before the bench to restrain the NAB chairman from interfering in the administrative affairs of the Forest Department by declaring the issued notification as void and against the law.

However, the bench after hearing arguments issued notice to the advocate general to appear and assist the court on the law point that whether the federal government could interfere in the affairs of the Forest Department after 18th Amendment to Constitution.