News
Saturday, July 30, 2011
Government gets breathing space* Supreme Court directs government to restore Sohail Ahmed as ED secretary or give him any other assignment according to his stature
* Cancels notification making Establishment Division secretary OSD
By Hasnaat Malik
ISLAMABAD: The Supreme Court, on Friday, while declaring a notification through which Establishment Division Secretary Sohail Ahmed was made OSD (officer on special duty) as non-existent, gave seven days’ time to the government for his reinstatement.
The court also directed the competent authority to post Ahmed as such or give him any other assignment commensurate with his past performance at the earliest or the notification placing him as OSD would cease to exist.
A six-judge bench, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, dictated its order after conducting proceedings on a suo motu notice taken on the transfer of Federal Investigation Agency (FIA) officials investigating Hajj corruption case, followed by the OSD issue.
The court observed that the notification making Ahmed an OSD was not a good practice. “It is the prerogative of the executive to transfer or appoint bureaucrats, therefore, the government could give any assignment to Ahmed. But it should be in accordance with his stature,” the court remarked.
The court also ordered that the notification issued by the Establishment Division secretary about the transfer of Gilgit-Baltistan Inspector General Hussain Asghar should be implemented in letter and spirit.
It directed FIA Director General Tehseen Anwar to put Asghar, former FIA director, in charge of the investigation into corruption in last year’s Hajj arrangements in the light of the court’s judgements of July 25 and 26. He was directed to submit his report after seven days for the court’s perusal.
The court noted that Ahmed did not commit any wrong, abused his powers or deviate from the constitution. “The manner in which Sohail had been penalised persuades us (judges) to have strong reasons to believe that it was an act designed to frustrate the court’s orders,” the court said.
“If any authority makes a departure from any of its provisions, it is likely to lead to a chaos in the country which may lead to serious consequences. Such an eventuality ought to be avoided by all those in authority,” the court remarked.
Ahmed had suffered for obeying the legal orders, the apex court noted, and said that it would send a message to officials/authorities that “if they comply with the court’s orders without seeking prior approval of the competent authority, they would be posted out or proceeded against departmentally”. The court noted that once a judicial order was passed, it had binding effect on the executive as well as judicial functionaries in terms of articles 5 and 190 of the constitution.
During the proceedings, Attorney General of Pakistan (AGP) Maulvi Anwarul Haq informed the court that the Gilgit-Balitistan chief secretary had barred Asghar from leaving the post of inspector general on the directives of the chief minister. The AGP also told the court that he could not meet the prime minister.
Upon this, Justice Chaudhry said the government had made no effort to recover the misappropriated money. “The court would not allow anyone to loot the national wealth,” remarked the CJP.
The court observed that the judiciary was bound to protect and preserve the constitution and enforce the fundamental rights mentioned therein.
The hearing was adjourned for an indefinite period. Speaking to media outside the courtroom, the AGP said the actions of the government should not be construed as resistance and that the court’s orders would be implemented.
Brushing aside reports about prospects of confrontation between the executive and judiciary, Haq said “these are not correct”.
Courtesy www.dailytimes.com.pk