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RULES, 2013

INVESTIGATION FOR FAIR TRIAL RULES, 2013

[Gazette of Pakistan, Extraordinary, Part-II, 31st May, 2013]

S.R.O. 472(I)/2013.—In exercise of powers conferred by Section 36 of the Investigation for Fair Trial Act, 2013 (I of 2013), the Federal Government is pleased to make the following rules, namely:—

1.       Short title and commencement.—(1) These rules may be called as the Investigation for Fair Trial Rules, 2013.

(2)  They shall come into force at once.

2.       Definitions.—(1) In these rules unless the context otherwise requires,—

(a)     "Act" means the Investigation of the Fair Trial Act, 2013 (I of 2013);

(b)     "person" means any natural person and includes a non-state actor, business man, employee of a private company etc., or a natural person or entity that may approach any applicant to seek issuance of warrant or may provide sufficient information for the processing and issuance of the warrant but does not mean and include the official of the applicant or a Designated Agency;

(c)     "supporting material" means any material collected by the applicant in his normal functions of intelligence gathering and includes reference to material referred to in the Act;

(d)     "material" means any intercept during intelligence gathering, source report, photographs, recordings, report of activity of the suspect by any official of the applicant, the statement of belief of the officer of the applicant, information on the background or narration of past history of the suspect, comment or statement of any person in respect of the suspect, statement of circumstances in which the suspect is found etc;

(e)     "report" means a report prepared in a narrative form by the official of the applicant.

(2)  The terms used but not defined herein shall have the same meanings as are assigned to them under the Act.

3.  Report of suspicious conduct.—(1) Any official of an applicant may prepare a report regarding suspicious conduct of a suspect in consequence of his prescribed duties. Such suspicious conduct shall be detected through the normal intelligence gathering activities of the official of the applicant.

(2)  While preparing the report mentioned in sub-rule (1), the said official shall annex all the relevant the supporting material with the report. The supporting material may comprise of,—

(a)     a statement of belief by the said official based on his monitoring of the suspicious conduct of the said suspect; or

(b)     any source report; or

(c)     any intercepts of communications; or

(d)     any intercepts of electronic communication including email, sms; or

(e)     any video recording; or

(f)      any other action giving rise to the suspicious conduct.

(3)     The report shall identify the suspect with sufficient details. The report shall also provide details about the suspect's background, their affiliations, and their past record. It shall document the possible offence that the suspect is beginning to get associated with along with some material indicating the suspicion. It shall also mention the apprehensions of the official about the plans and moves likely to be made by the suspect. The report shall identify the nature of surveillance or interception necessary especially with reference to the premises where the surveillance is required and the nature of surveillance itself.

(4)     In case of any interception, the technical identity and all the connected technical or other identities, which has been gathered or found during the intelligence gathering activities and which either constitutes or contains the supporting material.

(5)     The report shall indicate need for obtaining warrant in respect of the other persons with whom the suspect is or may be interacting.

(6)     The official shall also provide any additional information or assessment in respect of the suspect or provide any further particulars of the suspicious conduct that the official may have identified during intelligence gathering which will constitute the supporting material for the report in his point of view.

4.       Report to be presented to the Minister.—(1) After preparing the report, the same shall be presented before the Head of the applicant or an officer duly authorized by the said Head. The Head of the organization shall approve the report for submission before the Minister for permission to make an application to the Judge.

(2)     The Minister or an official designated by the Minster shall examine the same report along with the supporting material.

(3)     If the Minister is not satisfied with the report or the supporting material, he may decline the same and return it to the Head of the applicant agency with appropriate recommendations or if he is satisfied with it the Minister may grant the permission fully or partially as the case may be.

5.       Application for the Court.—After permission from the Minister under Rule 4, the authorized officer shall prepare an application in the manner prescribed in Schedule II of the Act except as provided in sub-rule (2). The authorized officer may provide any information along with the application if he so feels necessary.

(2)  In case the nature of warrant requested to be issued requires different description then the application shall be made in writing on the letter-head of the applicant justifying the issuance of warrant by mentioning all necessary details with supporting material along with the proposed draft for warrant.

(3)  The application shall also be accompanied by,—

(a)     a signed statement and affidavit of the authorized officer that the contents of the report and application are true to the best of his information, knowledge and belief and that the warrant shall be used only and exclusively for preventing or lawfully investigating a scheduled offence or to collect evidence in respect thereof and the same shall neither be misused in any manner, nor shall the approval of the warrant be abused; and

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