President Asif Ali Zardari’s Spokesman and a PPP Senator Farhatullah Babar has moved a private bill in the Senate to bring the influential Inter-Services Intelligence agency (ISI) under some legislative control.
The draft bill of the PPP Senator is a replica of the draft law formulated in the past for the civilian intel agency, Intelligence Bureau (IB).However political analysts say neither the IB’s legislative bill could make headway nor it is expected in the case of the ISI.
The government that moved quickly on the issues of dual national’s right on contesting election and amendment in contempt of court law, passing the draft bills through cabinet, chose to table a private member’s bill on the legislation for ISI though the President’s Spokesman, Senator Farhatullah Babar, was used for the purpose.
Now as the bill has been tabled, neither former spy chiefs nor political parties are inclined to speak on it. The News contacted recently retired DG ISI, Lt. Gen. (r) Shuja Pasha and one of his predecessors, Lt. Gen. (r) Asad Durrani for comments on this private bill. Both feigned ignorance, saying they were neither aware of this move nor had read about it in the newspapers.
The PML-N Senator Pervaiz Rashid echoed the same line when approached for comments. The MQM and PML-Q have already been reported saying they were not consulted by the PPP, the largest ruling component, that itself does not own the bill directly since it has been tabled as a private member’s bill.
Pakistan is among those few democratic countries where the intelligence agencies operate with impunity as no law exists to govern them and question their performance. The ISI, IB and other intelligence agencies were formed through executive orders but left without any legislation to govern their actions. At the moment, they operate through Standards Operating Procedures (SOPs) having no legal sanctity hence all actions carried out by them do not stand the scrutiny of law. Dr Shoaib
Suddle carried out this exercise being Director General IB in the early days of Zardari-Gilani government standing out as the first spy chief who volunteered parliamentary oversight by drafting a law in this respect after examining the legislation in other democracies.
No sooner than he was removed from the IB, the draft law prepared under his watch went missing. Javed Noor, Suddle’s immediate successor, when asked in the past, said the draft “was just a thought.’ He was partially right as no serious effort was made on the part of the government to take its ownership pushing it into the Parliament for passage that could have a snow-ball affect in terms of the legislation for other agencies.
Among the salient features of IB draft law, were included the method of appointment of DG IB, his tenure and powers, disciplinary proceedings against the rogue elements within the agency, preventive detention of the wanted persons and its length as well as notification to the detainees family, their legal rights, and the office of ombudsman for dealing complaints against the agency officials.
As far as the appointment of DG IB is concerned, the IB draft law proposed it to be “done by the President on the recommendation of the Prime Minister on such terms and conditions as the President may determine: Provided that the Prime Minister shall consult the Leader of the Opposition in the National Assembly before making a recommendation.” And that the DG shall have fixed five-year tenure (not renewable) and be fully empowered in terms of recruitment, training, promotions, transfer, discipline and financial matters.
On the question of performance, the IB draft law said the DG shall prepare and submit an annual report on the functioning of the Bureau to the prime minister by March 31 each year, also laying it before the both houses of the Parliament.
Also, the IB draft law says, there shall be an Intelligence and Security Committee to examine matters relating to expenditure, administration and policy of the Bureau. The Committee shall consist of seven members drawn from both houses of the Parliament, none of whom shall be a minister or minister of state. The members of the Committee shall be appointed by the prime minister in consultation with the leader of the Opposition in the respective House, and one of those members shall be so appointed as chairman of the Committee. The Committee shall make an annual report on the discharge of their functions to the prime minister and may at any time report to him on any matter relating to the discharge of those functions.
In order to avoid the incidents of enforced disappearances, the IB draft law said that anybody suspected or found involved in the activities prejudicial to national security could be taken into preventive detention for period not exceeding 30 days that could be extendable, after review, maximum to 90 days. However, the reason of detention shall be notified to the detainee within fifteen days for hiring a lawyer to defend his position. In case the person under detention is required beyond 90 days, the case shall be put up before the Review Board set up for the purpose under Article 10 of the Constitution before expiry of 90-day period.
The draft law also proposed an Ombudsman who shall be appointed for a fixed (and non-renewable period of five years) whose selection will be made in the manner done of DG IB. The Ombudsman office will investigate and resolve complaints from any person involving misuse of authority by the IB officials; resolve the service complaints of the IB officials; suggest changes in the administrative and operational practices of the Bureau; and prepare and submit an annual report on the functioning of the IB to prime minister.
As for the penalty of certain types of misconduct by the IB officials, the draft law said all those found guilty of breaching the Parliament Act on IB; found in a state of intoxication while on duty; any official who without lawful authority, enters or searches a place or detain a person; inflicts torture or violence to any person under custody; misuse IB resources for personal and political purposes etc will be liable to punishment.(The News)
No comments:
Post a Comment