Azmat Commission underlines noting of all verbal instructions on official files

ISLAMABAD: The Justice (R) Azmat Shaikh-led Broadsheet Commission underlined that it should be ensured that all verbal instructions given by any ministry or government functionary are recorded in writing on the note portion of the file record for future reference.

The Commission also noted that the circumvention of the government’s systems and procedures was common, leading to serious lapses and causing financial losses and damage to the reputation of the country.

“If the government’s rules and procedures had not been circumvented, these lapses could have been avoided. This would have saved the Government of Pakistan from damages in terms of loss to the exchequer and the country’s reputation,” read the report.

It added that political expediency and undue pressure for the execution of orders usually leads to wrong decisions by officials, thus damaging the country’s interests in national and international forums.

It recommended that the procedures described in the Rules of Business, 1973 are well established and should therefore be taken as sacrosanct by any political government, ministry, department and other bodies in order to safeguard the interests of the Islamic Republic of Pakistan.

The report said that federal ministries and divisions must undertake a consultative process, as per the Rules of Business 1973, with the ministry of finance and ministry of foreign affairs before sending an international or commercial agreement to the ministry of law for a legal opinion and vetting. Matters relating to international arbitration clauses will invariably be referred to the office of the attorney general of Pakistan by the ministry of law and justice.

“No attached department or autonomous body should be allowed to get the international agreement/ contract vetted on its own through its legal team or legal advisor,” the report said, adding that they must undertake a consultative process as per the Rules of Business.

The Commission added that the principle of consultation must also be applicable in the case of international or local NGOs whereby the economic affairs division and ministry of interior must also be consulted by the concerned ministry/ division.

The role of the ministry of law and justice in the vetting of international agreements, contracts, investment treaties etc. and those of legal counsels and advisors in the attached departments and autonomous bodies and the consultations required with the relevant ministries need to be further elaborated in the Rules of Business.

The Commission underlined that it should also be ensured that all verbal instructions given by a ministry, authority, public office holder or government functionary are recorded in writing on the note portion of the file so that such verbal instructions on the file are saved for future reference.

The Commission expressed its shock on learning that the ministries, divisions, attached departments and autonomous bodies do not maintain and protect the record on critical matters, particularly those pertaining to international agreements, contracts and arbitrations.

The Commission suggested that the cabinet division through the establishment division needs to issue instructions to all government entities for the proper maintenance of the office record as per the secretariat’s instructions.

“The International and commercial contracts/ agreements/ arbitrations etc. have to be marked as a permanent record by each ministry/ division/ autonomous body and should be kept in a safe vault and archived properly.”

It added that the Ministry of Law and the office of the attorney general of Pakistan have to ensure the proper handing over and taking over of records by each officer who takes charge or relinquishes charge of an office. The same should be ensured for each legal consultant posted in the ministry of law and the office of the attorney general of Pakistan. For safekeeping, a backup of the record must also be kept.