News
Friday, March 22, 2013
SC asks FO to explain recalling of diplomat from Switzerland* Hasnain Yousif contends he was not given mandatory recall notice
By Hasnaat Malik
ISLAMABAD: The Supreme Court has sought reply from the Foreign Office today (Friday) related to the matter about recalling of its diplomat from Switzerland in violation of the court judgement in Anita Turab case, which ensures tenure protection of public servants.
It has been learnt that the officer, Hasnain Yousif, has approached the Supreme Court with an application against the Foreign Office’s decision to recall him from Switzerland. The applicant contended that the decision by the Foreign Office is clearly a violation of Supreme Court’s judgement dated November 12, 2012, in Anita Turab case.
He also noted the Para 22 of the aforementioned judgement which reads that when the ordinary tenure for a posting has been specified in the law or rules made there under, such tenure must be respected and cannot be varied, except for compelling reasons, which should be recorded in writing and are judicially reviewable.
According to the appeal filed by the diplomat in the Supreme Court, the orders of Ministry of Foreign Affairs are also not in accordance with the posting/transfer policy for missions abroad contained in establishment secretary’s letter of September 30, 1978, which stipulates that transfer between Pakistan and foreign countries should be made only after three years.
He also contended that approval of the Establishment Division was required for a premature recall. Moreover, three months’ notice should be given to the government servants enabling them to plan their affairs for return to Pakistan. Hasnain Yousif said that he was not even given this mandatory time.
The applicant, while further mentioning the irregularities in transfer/postings of Foreign Service officers, has questioned the posting tenure of Syed Zulfiqar Gardezi, presently serving in Pakistan High Commission in London, and who has entered into second decade. He is on posting abroad since October 2002 and served in Washington and New Delhi before joining the Pakistan High Commission in London.
Whereas, in some cases, Yousif says the ministry prematurely recalls officers/officials, not allowing them to complete normal posting tenure of three years without conveying reasons/specific charges and denying them the opportunity to explain their position. “This discrimination is contrary to numerous judgements of the Supreme Court of Pakistan which provide that discretion must be exercised fairly, transparently, equitably and judiciously. This practice of exercising absolute authority is also against the principles of natural justice,” he argues.
It is worth mentioning that the Ministry of Foreign Affairs has recalled its diplomat from Pakistan Embassy in Berne, a diplomatic mission which has gained much significance in context of Swiss cases and the Supreme Court’s orders for approaching Swiss authorities for re-opening of corruption cases against President Asif Ali Zardari. The Pakistan Embassy in Berne remains the focal government authority for any official interaction with the Swiss authorities, in case the interim government or the future political dispensation in the country decides to pursue the Swiss case.
Courtesy www.dailytimes.com.pk