Pak govt provides legal cover to ISI to screen government officials: Report – Times of India

Islamabad: Prime Minister of Pakistan Shahbaz Sharif Officially assigned the task of the country’s main spy agency ISI With verification and screening of all Civil servantAccording to a media report on Saturday, giving legal cover to a practice that already existed but was not formalized as part of the protocol.
In exercise of the powers conferred on the Prime Minister, as per the notification of the Establishment Division, Sharif has notified the Directorate General of Inter-Services Intelligence (ISI) as the Special Investigation Agency (SVA) for verification and screening of all public office holders (Officer Category).
The Dawn newspaper reported that the cited laws give the prime minister the authority to amend or make rules in the civil bureaucracy.
This directive was issued from the Prime Minister’s Office on May 6.
By doing so, the government has given legal cover to a practice that already existed but had not been formalized as part of the protocol, the paper said.
A senior official of the Establishment Division told Dawn on condition of anonymity that both the ISI and the Intelligence Bureau (IB) send their reports about civil servants before posting them on important assignments.
The report is specifically sent to the Central Selection Board (CSB) at the time of promotion of bureaucrats.
According to the official, despite the notification, the IB will continue to send its report as per the routine.
The official said that since the government has now given legal effect to the reports issued by the ISI, they can be used as valid legal documents in courts, the newspaper said.
However, a former secretary of the Establishment Department disagreed.
He said though the Prime Minister has the power to make or amend rules for the bureaucracy, it would have been better if the Establishment Department had issued a Statutory Regulatory Order (SRO) to amend the Appointment, Promotion and Transfer (APT) rules. Controlling the civil bureaucracy if it wants to give formal charge of the revision process to the ISI.
“Unless the rules are amended, a mere notification will not make the agency’s report valid and it cannot be used as a valid document during judicial enquiry,” he said.
The official said that he does not believe that the initial recruitment of civil servants through the Federal Public Service Commission (FPSC) required a revision by the ISI. Instead, the agency may be asked to screen officers inducted into the civil bureaucracy from the armed forces, he said.
Clearance from intelligence agencies is not only an integral part of the promotion process civil servants in pakistanBut it also plays an important role in the appointment of judges in the higher judiciary, the paper said.
The Judicial Commission of Pakistan, headed by the Chief Justice, considers intelligence reports at the time of confirmation and elevation of a Supreme Court judge, it said.