Sr. # 1. 2. 3. 4.

TABLE OF CONTENTS Topic Preface Statement of Problem Executive Summary Section I i Federal Investigation Agency ii. INTERPOL iii. Inter-Services Intelligence
iv. Intelligence Bureau

Page s

5.

6.

7. 8. 9.

v. Police vi. NADRA vii. Frontier Constabulary viii. Counter Terrorism Department ix. Excise & Taxation Section II i. ii. iii. Section III i. ii. iii. Conclusion Recommendations Bibliography

PREFACE
The task of law enforcement agencies whether Federal or Provincial in Pakistan has changed dramatically since the occupation of Afghanistan by Russian Forces in late 70s. They encountered a variety of new responsibilities, in addition, the law enforcement techniques/discipline has evolved significantly in recent years. This paper will be an endeavor to focus issues of jurisdiction and co-ordination among a number of federal and provincial agencies in disposing off their duties. Many people assisted me in this effort. First and foremost are the members of Academy (NMC). I appreciate their time, contributions, expertise and valuable advice. This had added significant value to this work. My sincere appreciation also goes to Dr. of National Management College who gave me constant feedback and support. Finally, I thank my wife and children who put a great effort and support during this period, you are always in my thoughts.

STATEMENT OF PROBLEM
The issues of jurisdiction and coordination between the law enforcement agencies came into existence with the independence of Pakistan since 1947. The evolution of law enforcement agencies in colonial period could be observed in both procedural and organizational structure. At the time of War of Independence 1857, no organized Police force was existed in India. After gaining all control of India the British rulers constituted a police commission on 17 August 1860. Police Act was enacted in 1861 and the present police force came into being on the lines of Irish Constabulary Act. Its main function was to consolidate and maintain the British Raj in India. The Police Rules were framed in 1934, which provided detailed instructions/ procedures on all aspects of Police working. After independence the Police Act of 1861 was reviewed by almost 24 commissions/ committees to suggest proposal to bring improvements in the police force or the policing system. The Government promulgated a new police order 2002 which brought many important changes in the police system and made it more responsive, accountable and democratic. Law enforcement in Pakistan is carried out by several federal and provincial agencies. The four provinces and the Islamabad capital territory each have a civilian police force with jurisdiction extending only to the relevant province and territory. At the federal level, there are a number of civilian agencies with nationwide jurisdiction including the FIA and IB, as well as several paramilitary forces including the Pakistan Rangers, Frontier corps and Anti- narcotics Force etc. while at provincial level there are several agencies including Police, Anti- corruption, Elite police etc. At the moment certain agencies are responsible for the federal crimes including organized crimes, drug trafficking, espionage, terrorism, bank robbery, extortion and kidnapping. There are other crimes handled by the Federal Agencies, i.e., Civil rights violation, white collar crime, Bank fraud, embezzlement and corruption of all federal government departments, cyber crime, and environmental crime, etc. Federal Agencies are also responsible for internal security and counter intelligence matters and the military intelligence services in Pakistan. 4

This paper will analyze the role of federal and provincial law enforcement agencies as well as the growing security issues within the country. It will also discuss their jurisdiction keeping in view the problem at hand and the mechanism to avoid overlapping of certain powers, which could create problem and rift between these agencies which undermine their smooth functioning at different levels while carrying out their duties. Furthermore, this paper would suggest some of the policy recommendations for federal and provincial agencies to avoid uncertainty about their territorial and functional jurisdiction.

EXECUTIVE SUMMARY
New expectations and responsibilities are being placed on Law Enforcement Agencies including federal and provincial regardless of the size. A great pressure is being built around them to deliver, develop and enhance their capacity as part of a cohesive national strategy to protect the nation from internal and external threats including terrorism and transjurisdictional organized crime. As part of this trend, particularly after the events of September 11, 2001 in New York, July 7, 2005 in London and November 26, 2008 in Mumbai, unprecedented initiatives have been undertaken across the world by the law enforcement agencies including Pakistan to reengineer the law enforcement methodology and functioning. This paper will try to provide fundamental information about the federal and provincial law enforcement agencies. In the first section this paper would provide a brief history of law enforcement agencies in Pakistans culture and society mentioned in the preceding paragraph. The quasi-federal character of the Pakistani State envisages a coordinating and counseling role for the federal government in policing matters and even authorizes it to set up certain police organizations. At present, there are several institutions performing these tasks at the federal level; including FIA, ANF, FC, Pakistan Coast Guard, Pakistan Rangers, National Highways and Motorways Police, Pakistan Railway Police and Islamabad Police, Islamabad Capital Territory Police. While at the provincial level traditional policing is the responsibility of the provinces which are performing at the sub-national level are Punjab Police, Sindh Police, Khyber Pakhtunkhwa Police and Balochistan Police. While these are further divided into Special Branch, AntiCorruption, Anti-Terrorism Department and provincial Excise etc. This will also include the organization/structure and territorial and functional responsibilities of these agencies. In the second section I will try to define and illustrates the need and charter of the duties of certain law enforcement agencies; including various jurisdictional responsibilities of federal and provincial law enforcement agencies. These definitions and illustrations would help to understand the need of information sharing among agencies. This would also help to evaluate the importance of clear communication between federal and provincial agencies.

It will also try to embodies the principles, ideology and standards of both federal and provincial agencies sharing plan. This would reflect the current issues of jurisdiction of agencies in carrying out their responsibilities and method of co-ordination and subsequent liabilities of different agencies. This document will also address the high points of federal and provincial law enforcement agencies cooperation. No doubt, both types of agencies have different kinds of territorial and operational jurisdiction, yet they share many of the same concerns. Further, their strength lies in different areas, so a collaborative effort is the best way to address many of those concerns.

Federal Investigation Agency

The Federal Investigation Agency is an agency of Pakistan, under the Ministry of Interior, that serves as a federal criminal investigative body. It has a wide role in combating terrorism, fascism, corruption, human smuggling and copyright infringement policing, similar in function to the USA's FBI. The FIA is mandated as the liaison agency for the Pakistani body of Interpol. Its motto is Accuracy and Honesty. A Federally controlled Police Establishment, first came into existence in 1942 during the Second World War to take up investigation of corruption, rampant in the Supplies and Procurement Department of the then Government of India. It was named as Special Police Establishment. After the Independence in 1947, it was named as Pakistan Special Police Establishment (PSPE). The requirements of Federal Government regarding investigations of criminal offences kept on increasing and Mr. G. Ahmad in his report on "Police Reforms", submitted to the Cabinet on 07-04-1972, recommended establishment of a Federal Police Organization to deal with Smuggling, Narcotics, Currency offences, Enforcement of Laws relating to Foreigners, Immigration & Passports and offences having inter-provincial ramification. Consequently, the FIA Act, 1974 (Act-VIII of 1975) was promulgated on 13-01-1975, bringing Federal Investigation Agency into existence.

Jurisdiction
Apart from investigating the offenses of bribery and corruption against Central Government Employees, was also given powers to investigate cases relating to the offenses under the following laws:i. Official Secret Act, 1923 ii. Foreign Exchange Regulation Act, 1947 iii. Passport Offenses Act, 1952 iv. Customs Act, 1959

INTERPOL
The International Criminal Police Organization (ICPO), widely known as INTERPOL,[3] is an intergovernmental organization facilitating international police cooperation. It was established as the International Criminal Police Commission (ICPC) in 1923 and adopted its telegraphic address as its common name in 1956. Its membership of 190 countries provides a budget of around 60 million through annual contributions. The organization's headquarters is in Lyon, France. It is the second largest intergovernmental organization after the United Nations by member states. In 2011, the Interpol General Secretariat employed a staff of 673 representing 93 member countries.[4]

Role/Jurisdiction of Interpol
In order to maintain as politically neutral a role as possible, Interpol's constitution forbids it to undertake any interventions or activities of a political, military, religious, or racial nature.[5] Its work focuses primarily on public safety, terrorism, organized crime, crimes against humanity, environmental crime, genocide, war crimes, piracy, illicit drug production, drug trafficking, weapons smuggling, human trafficking, money laundering, child pornography, white-collar crime, computer crime, intellectual property crime and corruption. The role of Interpol is defined by the general provisions of its constitution. Article 2 states that its role is to 1. To ensure and promote the widest possible mutual assistance

between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights. 2. To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes. Article 3 States[14] It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.

ISI (Inter Services Intelligence)

The Directorate for Inter-Services Intelligence (more commonly known as InterServices Intelligence or simply by its initials ISI), is the premier intelligence agency of the Islamic Republic of Pakistan, operationally responsible for providing critical national security and intelligence assessment to the Government of Pakistan. The ISI is the largest of the three intelligence services of Pakistan, the others being the Intelligence Bureau (IB) and Military Intelligence (MI). Previously in the 20th century, the ISI's work and activities has included the support of the Afghan mujahideen in then-communist Afghanistan against the Soviet Union in their war against the mujahideen (in conjunction with the Central Intelligence Agency) and later provided strategic and intelligence support to the Taliban against the IndoIranian backing the Northern Alliance in the civil war in Afghanistan in 1990s.[1] The ISI is the successor of the IB and MI formed after the Indo-Pakistani War of 1947 to coordinate and operate espionage activities for the three branches of the Pakistan Armed Forces. The ISI was established as an independent intelligence service in 1948 in order to strengthen the sharing of military intelligence between the three branches of Pakistan's armed forces in the aftermath of the Indo-Pakistani War of 1947, which had exposed weaknesses in intelligence gathering, sharing and coordination between the Army, Air Force and Navy. From its inception, the agency is headed by an appointed three-star general officer in the Pakistan Army, despite officers from all three branches of the Pakistan Armed Forces being served and hired by the ISI. However, after the intelligence gathering and coordination failure during the IndoPakistani war of 1971, the Joint Chiefs of Staff Committee was created with a mandate to coordinate and supervise all military exercises and operations of the Pakistan Armed Forces.

Functions/jurisdictions

Collection of information and extraction of intelligence from information ISI obtains information critical to Pakistan's strategic interests. Both overt and

covert means are adopted.[4]

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Classification of intelligence Data is sifted through, classified as appropriate, and filed with the assistance

of the computer network in ISI's headquarters in Islamabad.[4]

Aggressive intelligence The primary mission of ISI includes aggressive intelligence which comprises

espionage, psychological warfare, subversion, sabotage.[4]

Counterintelligence ISI has a dedicated section which spies against enemy's intelligence collection.[4]

IB (Intelligence Bureau)
The existence of IB predates the creation of Pakistan, as it was a part of the pre-war Intelligence Bureau of British India, and the present day IB was created from elements given to Pakistan upon independence. It was initially the main Pakistani Agency, with responsibility for strategic and foreign intelligence, as well as counterespionage and domestic affairs. Its performance in the 1948 war was however considered less than exemplary
[1]

due to the fact that the pre-independence Bureau

was concerned with internal security matters, and was not set up for foreign intelligence collection. As a result, after the war, a new agency, the Inter-Services Intelligence (ISI), was created, and it took over the strategic and foreign intelligence roles. This is the supreme agency in Pakistan. Intelligence Bureau (IB) is Pakistan's main domestic/internal intelligence and espionage agency. It functions under direct control of Chief Executive of Pakistan either Prime Minister or the President. The IB's tasks include counter-intelligence and internal Security matters.

Jurisdiction
Although the agency has no formal arrest powers, suspects are often arrested and detained by law enforcement agencies at the request of IB officials. In 1996, the IB was granted control of government censorship programs, controlling information dissemination via mail, wire, or electronic medium.

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Police
The system of policing in Mughal Era was organized on the basis of land tenure. Zamindars were responsible for apprehending disturbers of the public peace and performing other policing duties. At the level of the village these functions were performed by the village headmen. In large towns administration of the police was entrusted to, functionaries called kotwals who discharged the combined duties of law enforcement, municipal administration and revenue collection. Patrol officers in the shape of village watchmen or patels in villages and peons, horse patrolmen and such other like men in the towns were present. Violent organized crime was usually dealt with by the military. The modern system of policing was introduced during British Rule, The British administration relieved the zamindars of their responsibility for police service and introduced magistrates with daroghas and other subordinate officers for Police purposes. The Punjab Police was also organized on the pattern of two main branches, the Military Preventive Police and the Civil Detective Police. As this arrangement was not found to be satisfactory so in 1860 the Government of India urged the Government of Punjab to look into the system of policing then prevalent in the Province. However, as the issue was of general importance the central Government appointed a commission to enquire into whole question of policing in British India. The Police Commission of 1860 recommended the abolition of the Military Arm of the Police, the appointment of an Inspector General of Police in the Province and the placement of Police in a district under the District Superintendent. The Commission recommended that only the District Magistrate should exercise any Police functions. Based on the recommendations of the Commission the Government of India submitted a bill which was passed into law as Act V of 1861. The Police Act of 1861 was adopted. The organizational design that followed the Act survives to this day.

Functions/Jurisdictions
Policing is depicted as a way of crime control, Policing refers to organised forms of order maintenance, peace keeping, rule or law enforcement, crime investigation, and other forms of investigations and information brokering (Jones and Newburn 1998). The Police Force plays a major role of crime prevention in our society, as illustrated by Newburn the role of the police is concentrated on the maintenance of law and 12

order and the prevention and detection of offences they are not the only organisation involved in policing.

(Newburn 2008).

Although

police plays a major part, and holds more power than that of the other professionals,

NADRA
National Database and Registration Authority (NADRA) was established as National Database Organization (NDO), an attached department under the Ministry of Interior, Government of Pakistan in 1998. On 10 March, 2000, NDO & Directorate General of Registration (DGR) merged to form NADRA, an independent corporate body with requisite autonomy to operate independently and facilitate good governance. With the mandate of developing a system for re-registering 150 million citizens, NADRA launched the Multi-Biometric National Identity Card project developed in conformance with international security documentation issuance practices in the year 2000. The program replaced the paper based Personal Identity System of Pakistan that had been in use since 1971. To date over 96 Million citizens in Pakistan and abroad have utilized the system and its allied services to receive tamper resistant ISO standard Identification Documents

Frontier Constabulary
The Frontier Constabulary is a Federal Paramilitary Force of Pakistan which is largely drawn from the Khyber-Pakhtunkhwa province, but operates in all the provinces of Pakistan. The Frontier Constabulary was created by amalgamating Border Military Police (BMP) and Samana Rifles (SR) in 1913. Both of the forces were guarding the border between the then settled areas of NWFP and Tribal areas. Frontier Constabularys main function is to police the border of Khyber Pakhtunkhwa and the Tribal areas against tribal incursions, criminal gangs operating across the border and to check the smuggling of contraband items.

Responsibilities/Jurisdiction
Following are some major duties which are assigned to Frontier Constabulary:

To guard the border between tribal and settled area. To stop tribal incursions in individual cases or in the form of gangs. To check outlaws and their evil designs in the area.

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To stop kidnapping and checking on tribal disputes on the administrative borders. To act as a second line of defense in times of grave emergency. To assist the local administration in times of need (internal security). To control and eliminate poppy cultivation and growth. To check trafficking of narcotics, illegal weapons and smuggling. To perform any other duties assigned by the government.

Counter Terrorism Department (CTD)

In 1995, the Criminal Investigation Department was formally created and it operates under the CID Manual, 1937. Starting as a small operational unit, it has now developed into a department having its regional offices all over the Punjab. On 21-072010, the Criminal Investigation Department (CID) was named as Counter Terrorism Department (CTD) with an aim to fight terrorism in all its manifestations.

Jurisdiction/Responsibilities

Collection, collation & dissemination of information Sectarian activists, Militants, Terrorists & Deeni Madaris ATBs, RAPs/Activists on 4th Schedule of ATA Sectarian & Terrorism suspects Future trends on Terrorism

Excise and Taxation

The Excise & Taxation Department generally provides services for collection of various taxes and duties efficiently and effectively and suggests ways and means for additional resource mobilization in the Province.

Jurisdiction/Responsibilities
Apart from building up of taxpayers confidence, creation of taxpaying culture and providing facilities to the general public in payment of taxes are the top most priorities, the department aims to provide help to maintain law & order and provide access to crucial information to the federal and provincial law enforcement agencies. This also perform as a law enforcement agency to curb the smuggling of indigenous

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drugs including opium and liquor etc. Provincial excise departments of all provinces are responsible to:

Issuance of Registration Marks and Certificates to Motor vehicles. Collection of Token Tax from the owners of Tied-Up Vehicles through Bank.

Collection of Token Tax from the owners of Non Tied-Up Vehicles through Post Offices.

Issuance of Duplicate Registration Certificates of the vehicles, Change of

Ownership, Change of Engine Number and issuance of NOC etc. for the owners of the vehicles.

Issuance of Clearance Certificate in respect of Property Unit. Updating of records in respect of property units in respect of Change of Enforcement of Hadd Ordinance, 1979 for prohibition of liquors, intoxicants Regulation of import, export, possession and consumption of various Issuance of different Permits/Licenses for possession and sale of liquors and

Ownership, Self Occupied Property Unit, and Rented Property Unit etc.

and narcotics.

dangerous drugs and narcotic substances.

spirits.

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