ISLAMABAD: In response to the Supreme Court’s suo motu proceedings concerning posting Police Service of Pakistan (PSP) officers in the Federal Investigation Agency (FIA), the federal government has cautioned that prohibiting such postings would adversely affect the performance of FIA.

A report submitted to the court by the Establishment Division argued that transferring PSP officers against PSP cadre in the FIA neither blocks the promotion of FIA officers nor violate any judgment of the Supreme Court. It said the postings were only for a specific tenure borne on PSP cadre (BS-18 to 22) and hence did not amount to absorption, induction or deputation of PSP officers in FIA.

Chief Justice Anwar Zaheer Jamali had instituted the suo motu proceedings on an application by FIA officer Kamran Ataullah and others of different ranks saying FIA was a specialised investigation agency dealing with technical/white collar crimes that required the services of experienced and trained officers to efficiently handle and deal with such crimes.

On July 5, twenty-two officers serving in different capacities in FIA also pleaded to be allowed to become a party in the case and sought a direction for the Establishment Division as well as the Interior Ministry for immediate repatriation of the PSP officers posted in the FIA back to their parent department.

They held that posting of officers from the PSP cadre on transfer from the Police Department to FIA was hurting the service career officers of the FIA. It also amounted to denial and disobedience of the guidelines given by the Supreme Court in 2011.

But the Establishment Division’s response accused the applicants of creating ambiguities to take undue advantage and advance their personal objectives. It also rubbished the applicants’ claim in their petition that FIA conducts investigations in which PSP officers have no expertise.

It said the PSP officers get specialised training in the field of investigations and cited as example the Supreme Court ordering from time to time the PSP officers posted in FIA to carry out investigations into high profile and sensitive cases like Hajj scandal and NICL scam, etc.

The Establishment Division also highlighted that out of the 43 sanctioned posts of PSP officers in FIA, only 27 have been filled while 16 are still vacant.

In their petition, the FIA officers had explained that the method, qualifications and other conditions for appointment to different posts in the FIA were laid down in the Jan 2, 2015 Gazette of Pakistan Extraordinary, under the Ministry of Interior in exercise of the powers conferred by Rule 3 (2) of the Civil Servants (Appointment, Promotion & Transfer) Rules, 1973.

The petitioners also argued that the transfer and posting of PSP cadre officers to FIA amounted to denial and disobedience of the guidelines given by the Supreme Court of Pakistan in 2011 and would ultimately cause serious losses to their service career and other officers of the FIA.

They contended that this practice went against the norms of law and the principles of natural justice, causing serious losses to the service career of the appellants.

Published in Dawn, August 3rd, 2016