REFERENCE / COMPLAINT NO. 6/2006

Reference dated June 23, 2006 – ISI Appointments

The Chairman
National Accountability Bureau
Islamabad

Pakistan Peoples Party………………… COMPLAINANT

VS

The Directorate General
Inter-Services Intelligence (ISI) Islamabad ...................... ACCUSED / RESPONDENT


Subject: Complaint REGARDING ILLEGAL APPOINTMENTS IN ISI, In terms of Section 5 and 18 (b) (ii) 0F THE NATIONAL ACCOUNTABILITY BUREAU (NAB) ORDINANCE 1999 against the Public Office Holder for punishment under Section 10 of NAB Ordinance

1. The respondents in this complaint do fall within the ambit of NAB Ordinance 1999 for the purposes of investigation trial and punishment.

2. The respondents are reportedly guilty of corruption and corrupt practices as defined in Section 9 of the NAB Ordinance 1999 and as such are subject to punishment under Section 10 of the NAB Ordinance 1999 based upon the following facts and grounds:

Facts and Grounds:

According to the daily “The News” published on January 13, 2004, (copy enclosed), a serious case of abuse of power in the appointments against officer grade posts in the Inter-Services Intelligence (ISI) is reported. The following are the details as given in the said news item:

a. Through its annual report of 2002, Federal Public Service Commission (FPSC) has revealed the details, according to which recruitments in the Directorate General of the ISI are being made in sheer disregard of law and in utter violation of relevant rules and procedures resulting into nepotism.

b. According to the law governing these appointments and rules of FPSC, all posts in the BS-16 and above in the Directorate General of ISI are required to be made through and by FPSC. The ISI is said to be banking on an exemption that it had got from the Prime Minister to make such appointments unilaterally but the Commission is of the view that such exemption has no value in the eyes of law.

c. Accordingly, a senior spokesman for the FPSC told “The News” when contacted that the Commission had drawn the attention of the relevant quarters for the purpose of correcting the recruitment process in the agency. The spokesman confirmed that the FPSC made the recruitment issue in the ISI, part of its annual report. The commission expected to take notice of the situation and ensure compliance by the agency management. However, the Commission got no response on the matter as yet. The annual report of the FPSC, which has already been approved, would now be presented before the National Assembly and copies of the report had been provided to the government for its placement before the Lower House. Even then the continuous disregard of law and violation of rules is not eradicated.

d. The report, a copy of which is reportedly available with “The News”, recalls that General Musharaff, being Chief Executive of Pakistan, had visited FPSC headquarters on January 27, 2000 and it was decided, vide item 9 of the Minutes of the Meeting that recruitment to "All posts in Dte Gen ISI" should be made by the FPSC. Thereafter, vide Notification no SRP 415/2000. Dated 19-06-2000 of the Establishment Division, the expression "All posts in Dte Gen ISI" was excluded from the Schedule of the FPSC (Functions) Rules, 1978 and recruitment on all posts in the Directorate General of the ISI came under the purview of the Commission.

e. Later, it is said, that the FPSC approached the Ministry of Defence for filling the posts in the Directorate General of the ISI through the Commission. The Ministry intimated in response, that keeping in view the peculiar nature of mandate and tasks assigned by the government to the Directorate General of the ISI, the exemption might be granted to them vide their letter dated 31-08-2001. The FPSC apprised the Defence Ministry regarding the decision taken by the Chief Executive to fill the posts in the ISI through the FPSC; therefore, the Commission was not empowered to grant exemption. Meanwhile, the Defence Ministry released an advertisement in the newspapers on 21-04-2002 for recruitment of various posts in the Directorate General of the ISI. Since the advertisement was ultra vires, therefore, the FPSC asked the Defence Ministry vide letter dated 17-5-2002 to stop the recruitment process and place a requisition before the Commission for filling the vacant posts. The Commission, in view of the above legal position, disallowed the grant of exemption of recruitment to the posts in ISI in BS-16 during the entire period covered in the report. Moreover, the ISI did not place any requisition for their recruitment to the FPSC during the said period, despite of clear law and direction issued to them.

f. The Directorate General of the ISI got approval from the Prime Minister to recruit against their posts in BS-16 and above at their own, which approval neither could be granted by neither the Prime Minister nor the same could be obtained by ISI, vide circumventing the relevant procedure and law. As ISI cannot be exempted without amendment in the FPSC Ordinance 1977 through the proper legislation.

g. The above said resume discloses the abuse of authority and misuse of official position held by public office holders in ISI as the posts in Directorate General of the ISI, be only could be filled through the FPSC as per FPSC Ordinance 1977 and FPSC (Functions) Rules 1978.

Conclusion:

Based on the above facts and grounds, respondents have shown willful indulgence in corrupt practices under Section 9 of the NAB Ordinance 1999. Such persons are subject to punishment under Section 10 of the NAB Ordinance 1999.

As such, the Chairman of the National Accountability Bureau is called upon to initiate investigation in connection with the matters set out herein above and further proceed to file a Reference against respondents for violating the provisions of Section 9 of the NAB Ordinance 1999 punishable under Section 10 of the NAB Ordinance 1999 in competent court of law and proceed against those concerned for violating Section 9 of the NAB Ordinance 1999.

Complainant

Pakistan Peoples Party

Through:

(Moharram Ali Abbasi)
Advocate Supreme Court
Islamabad - Dated: June 23, 2006

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Musharraf’s help sought to regulate ISI appointments

“The News International” - January 13, 2004

ISLAMABAD: Appointments against officer grade posts in the Inter-Service Intelligence (ISI) bothers the Federal Public Service Commission (FPSC) and it has sought President Pervez Musharraf’s intervention to regulate the recruitment process in the leading spy agency in the country.

The FPSC has formally told the president through its annual report 2002 that the recruitment being made in the directorate general of the ISI is not in line with the law. The commission has objected that the directorate general of the ISI is making appointments unilaterally in officer grades and without involving the FPSC.

The commission insists that all posts in the BS-16 and above in the directorate general of ISI are required to be made through and by the FPSC. The ISI is said to be banking on an exemption that it had got from the prime minister to make such appointments unilaterally but the commission is of the view that such exemption has no value in the eyes of law.

A senior spokesman for the FPSC told The News when contacted that the commission had drawn the attention of the president for the purpose of correcting the recruitment process in the agency. The spokesman confirmed that the FPSC made the recruitment issue in the ISI part of its annual report. The commission expected of the president to take notice of the situation and ensure compliance by the agency management, the spokesman added. However, the commission got no response from the president on the matter as yet, he said. The view held by the ISI directorate that such appointments are inevitable to ensure high level of efficiency and to safeguard the security of the country. It also argued that such appointments are made in a similar manner and with identical objectives in most of the countries.

The President’s Secretariat is, however, reviewing the report of the FPSC and it is expected that the matter would soon be resolved. The annual report of the FPSC, which has already been approved by the president, would now be presented before the National Assembly and copies of the report had been provided to the government for its placement before the Lower House, the spokesman said. The report, a copy of which is available with The News, recalls that the President, being chief executive of Pakistan, had visited the FPSC headquarters on January 27, 2000 and it was decided, vide item 9 of the minutes of the meeting, that recruitment to "All posts in Dte Gen ISI" should be made by the FPSC. Thereafter, vide notification no SRP 415/2000, dated 19-06-2000 of the Establishment Division, the expression "All posts in Dte Gen ISI" was excluded from the Schedule of the FPSC (Functions) Rules, 1978 and recruitment on all posts in the directorate general of the ISI came under the purview of the Commission.

Later, it is said, the FPSC approached the Ministry of Defence for filling the posts in the directorate general of the ISI through the Commission and the ministry intimated in response that keeping in view the peculiar nature of mandate and tasks assigned by the government to the directorate general of the ISI, the exemption might be granted to them, vide their letter dated 31-08-2001. The FPSC apprised the defence ministry regarding the decision taken by the chief executive to fill the posts in the ISI through the FPSC, therefore, the commission was not empowered to grant exemption. Meanwhile, the defence ministry released an advertisement in the newspapers on 21-04-2002 for recruitment to various posts in the directorate general of the ISI. Since the advertisement was ultra vires, therefore, the FPSC asked the Defence Ministry vide letter dated 17-5-2002 to stop the recruitment process and place a requisition before the commission for filling the vacant posts. The Defence Ministry, instead reiterated its earlier stance that the recruitment through the FPSC would not be feasible and again requested for exemption. The commission, the President is told, replied vide letter dated 18-11-2002 that the FPSC, through recruitment by selection, had been recruiting the personnel for various administrative and technical cadres covering almost every segment of the government activity.

As a matter of fact, the commission told the Defence Ministry that it had the most systematic, transparent and efficient process of recruitment either by competitive examination or by selection through interviews. The ministry was also told that the directorate general of the ISI had the right to make appointment in lower grades, including BS-11 to 15 as the agency was not included in the 11 specified departments in which the recruitment to BS 11-15 came under the purview of the commission. The president has been told that the commission, in view of the above argument, disallowed the grant of exemption of recruitment to the posts in ISI in BS-16 during the entire period covered in the report. Moreover, the ISI did not place any requisition for their recruitment to the FPSC during the said period.

As per amendments made in the FPSC (Functions) Rules 1978, on 19th June 2000, only the posts of President’s secretariat (Personal or Public) were excluded from the purview of the FPSC.

The president is informed that the directorate general of the ISI got approval from the prime minister to recruit against their posts in BS-16 and above at their own, which can not be exempted without amendment in the FPSC Ordinance 1977. The posts in directorate general of the ISI may, therefore, be reverted to be filled through the FPSC as per FPSC Ordinance, 1977 and FPSC (Functions) Rules, 1978.