The Islamabad High Court (IHC) has declared the government's decision to halt the overseas posting of Trade and Investment Officers, based on a report from an intelligence agency, as illegal and void. A single bench of the IHC, comprising Justice Raja Inaam Amin Minhas, conducted hearings on the matter and ruled that the decision was unlawful. The court also ordered the posting of these officers.
Background of the Case
In this case, 28 officers were selected for overseas Trade and Investment roles. They underwent tests, interviews, and subsequent academy training. Later, 18 of them received their postings, while 10 were stopped. The Ministry of Commerce cited an intelligence report that labeled the officers as 'Not suitable,' leading to the halt.
Court Proceedings
The affected officers approached the Islamabad High Court. During the proceedings, Ministry of Commerce officials admitted that they had neither read the intelligence report nor knew the reasons for the negative assessment. However, they acted on it solely because it came from an intelligence agency. Even at the court's insistence, the report was neither shown to the court nor provided to the affected officers for a response. Instead, their postings were unilaterally halted without any reasons given.
Court's Decision
In its decision, the IHC wrote that the merit list approved by the Prime Minister and the selection board cannot be canceled or vetoed without stating reasons. The bench further noted that the government presented no notification or order before the court stating that the intelligence report was classified. Therefore, neither the Ministry of Commerce officials saw it, nor the court, nor the officers themselves.
The bench acknowledged that the judiciary should refrain from interfering in policy and security matters. However, it emphasized that protecting the rights of these officers is also its responsibility. The court wrote in its decision that judicial precedents exist, and if any administrative decision is made without concrete evidence, it will be considered unreasonable and arbitrary. It further stated that using intelligence reports against civil servants without seeking their response is illegal.
Order
On this basis, the IHC declared the government's decision to halt postings based on the intelligence agency's report illegal and void, and ordered the officers to be posted.
