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ISLAMABAD:
Supreme Court Justice Muhammad Hashim Khan Kakar has observed that officials are not bound to follow illegal orders even if they come from the Prime Minister.
Justice Kakar made this observation on Tuesday while heading a three-member bench hearing the writ petition filed by former Minister for Petroleum and Natural Resources Anwar Saifullah Khan in the Oil and Gas Development Company Limited (OGDCL) illegal recruitment case.
Anwar was convicted by trial, an order which the Lahore High Court (LHC) set aside in 2002.
However, in July 2016, the SC held Anwar responsible for the appointment of 145 people in OGDCL as it set aside the LHC judgement.
The SC judgment said in his capacity as a federal minister, Anwar Saif Ullah Khan imposed his will on a reluctant OGDCL chairman and got 145 people appointed to various jobs after relaxing the relevant rules to please his political friends in Parliament. The former minister later filed a request for review.
During the proceedings, the counsel for NAB – the prosecuting authority in the case – stated that Anwar had instructed the then OGDCL chairman to issue appointment letters.
Justice Kakar observed that there is a proper procedure for appointments, including advertisements, adding that this is not a monarchy where orders are simply issued. The NAB lawyer said the former minister’s senior chief of staff had written that there was parliamentary pressure for jobs.
Justice Salahuddin Panhwar, a member of the bench, observed that people ask ministers for employment. Justice Kakar reiterated that officials are not bound to comply with illegal orders.
The NAB lawyer said officials face consequences if they refuse such orders, adding that over-staffing had taken place in the OGDCL. Justice Kakar observed that there is overstaffing in all government institutions and suggested comparing PIA with international airlines.
Justice Ishtiaq Ibrahim, the third member of the bench, observed that at the time the recruitment was made, the NAO, 1999 was not in place.
