ISLAMABAD: The Supreme Court on Wednesday questioned the legality of foreign employment of former top army generals despite a law barring government officers from doing until two years after retirement.
Hearing a suo motu case about dual nationalities of government employees, Chief Justice Mian Saqib Nisar observed that Inter-Services Intelligence (ISI) former chief Lt General (r) Shuja Pasha and former chief of army staff General (r) Raheel Sharif had accepted employment abroad within two years of their retirement. “According to the law, government officers cannot sign an employment contract abroad for two years after their retirement. Is the law not applicable to army officers?” the chief justice asked.
Defence Secretary Lt Gen (r) Zamir-ul-Hassan Shah apprised the court that both retired officers had obtained a no-objection certificate (NOC) prior to leaving the country for employment. In response, the chief justice noted that those who serve the country at top positions are privy to sensitive information. “Individuals who have headed sensitive departments should, in fact, be provided security,” he remarked.
The defence secretary then informed the apex court that the federal government had permitted both generals to sign foreign employment contracts. However, Shah, who also served in the army as adjutant general, admitted he was unsure of the rules barring government servants from obtaining foreign employment till two years after their retirement.
The chief justice observed that it is to be seen how the permission by federal government was granted. “We will see how the permission was granted, and what is its nature and duration. These individuals should have obtained the cabinet’s permission prior to their departure,” he noted.
Speaking about dual citizenship, the defence secretary further said the armed forces do not recruit dual citizens. Adding that the condition against dual citizenship is advertised in recruitment ads, Shah said any dual citizen accepted by the army has to give up his foreign nationality.
The chief justice then ordered the defence secretary to submit in writing the information he had shared in the court. The top judge also ordered the defence secretary to ensure that dual citizens were not presently employed by the armed forces. “We have earlier conducted a similar exercise among the civil forces,” he remarked.
Justice Ijazul Ahsan asked the defence secretary how many officers of the armed forces were married to foreign nationals. Shah apprised the court that officers of the armed forces can only marry a foreign national after taking prior approval from the relevant force’s chief. “Any officer who marries a foreign national without obtaining prior approval is strictly penalised,” he said.
The bench further asked the secretary whether any disciplinary action had been taken against those military officers who got married without permission and sought data in this regard. Justice Nisar also directed the defence secretary to conduct an exercise within the armed forces to identify those who are secretly holding dual nationalities.
An official of the Interior Ministry present in court said 27 officers from the ministry were dual citizens. Issuing a notice to all 27 officers, the court adjourned the hearing until August 7.
Published in Daily Times, August 2nd 2018.
