Legal cover: Sindh defies SC to appoint govt employees

New law closes doors for court to intervene in matters of government appointments


Hafeez Tunio April 10, 2015
New law closes doors for court to intervene in matters of government appointments.

KARACHI: Contrary to the Supreme Court’s orders to send back the over 300 senior officers on deputation to their parent departments, the provincial assembly on Friday passed a law that empowers the Sindh government to appoint officials on deputation and absorb them to any post, service or cadre of equal grade.

The law was adopted through the ‘Sindh Civil Servants (Amendment Bill) 2015’, which was moved by parliamentary affairs minister, Dr Sikandar Mandhro. Briefing about the objectives of the bill, he said: “The purpose of this bill is to streamline the ‘Sindh Civil Servants Act, 1973’,” he said, adding that these officers were either appointed on deputation or absorbed into various government departments where they worked for over 20 years, before the Supreme Court had ordered to relieve them. “Given their contribution and expertise, we are making this law to bring them back to their positions,” he said. The bill states that the appointments made by the government shall not be called into question in any court.



Muttahida Qaumi Movement’s (MQM) Syed Sardar Ahmed appreciated the government’s decision but said that the seniority of those employees where these officers were being absorbed should not be affected. Mahtab Akbar Rashdi of the Pakistan Muslim League — Functional (PML-F) asked if the government could conduct tests for these officials before transferring them on deputation or absorbing them into other departments.

“We have an odd experience in this connection,” she said. “Many officers of the accounts department were previously posted in administration and teachers were given jobs in excise and taxation departments. National Accountability Bureau officials were posted in the police department and some employees of a cement factory were inducted in lucrative positions in the Sindh government. I just want to know how you will check their qualifications and merit in this process and discourage undue favours.”

During the session, presided over by Speaker Agha Siraj Durrani and deputy speaker Shehla Raza respectively, five bills were passed, two introduced and one deferred.

Blasphemy law and attempted suicide

The Sindh Assembly also amended the Sindh Mental Health Bill to ensure that no one may be charged under the blasphemy law and for attempted suicide, without examining her/his mental status. “If anyone attempts to commit suicide and is saved, a case is registered against them. The new law will make it compulsory to assess the mental status of the person, after which a case may be registered,” said Mandhro, adding that the same conditions will be applied to cases under the blasphemy law.

Karachi ignored

Amid a hue and cry by opposition members to include Karachi in the Sindh Coastal Development Authority, the assembly amended the law to develop the coastline of Badin, Thatta and Sujjwal district, excluding Karachi. “Karachi is the capital of Sindh and its coast is in a dilapidated condition. We humbly request you to please include Karachi in this list,” said Rashdi. MQM’s Syed Sardar Ahmed and Pakistan Muslim League — Nawaz leader, Shafi Jamot, also endorsed her suggestion. The parliamentary affairs minister, however, said that Karachi’s coast fell under the jurisdiction of the city district government.

The assembly also passed a law to enforce the provisions of the National Action Plan by regulating the use of sound systems. The ‘Sindh Sound System (Regulation) Bill, 2015’ was presented by the parliamentary affairs minister. “It will be unlawful for any person to use or assist in using, permit or allow the use of a sound system which generates any loud or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of people in the vicinity,” said Mandhro.

“Every place of worship can only use one external sound system for the purpose of Azan, the Arabic sermon delivered on Friday or on Eid, death or lost and found announcements. All hate speeches are banned,” states the law.

Published in The Express Tribune, April 11th, 2015. 

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