FCC warns executive over ignored orders

Sacked employees must receive immediate appointments

ISLAMABAD:

Amid an ongoing challenge regarding the non-implementation of superior courts' orders, the Federal Constitutional Court (FCC) has reminded the executive that compliance with a judicial decision is a constitutional requirement, not a matter of courtesy.

"To disregard or to delay in implementation of [a court] verdict amounts to challenging the very framework of the legal system," said 10-page judgement authored by Justice Ali Baqar Najafi.

Justice Najafi was part of a three-member bench led by Chief Justice Amin-Ud-Din Khan which heard a case regarding the implementation of a Supreme Court judgement in a sacked employees' case.

The order stated that non-compliance not only disturbs the delicate equilibrium between the court's prestige and the enforcement of the rights but also sets a dangerous precedent that could lead to an executive overreach.

The court said implementing judicial orders is crucial for maintaining public confidence in the judicial system. If their decisions can be easily ignored or set aside by the individuals or entities, public trust in the efficacy of the judiciary and the entire government is seriously undermined.

"Consequently, the erosion of trust in the judicial system may undermine the democratic system," the order added.

The FCC noted that in a constitutional democracy, the rule of law is not just a principle but the foundation upon which the legitimacy and good governance of any system of government rests.

"The Supreme Court of Pakistan and, after the 27th amendment, this [FCC] being the apex court of the country is entrusted with performing the responsibility of interpreting the law, ensuring justice and upholding the Constitution of Islamic Republic of Pakistan."

It said the orders of the Supreme Court, as the then apex court, are not merely recommendations or advisories but a legal mandate that must be followed. Such decisions are the culmination of vigorous legal scrutiny and deliberation intended to reflect the values and laws of the land.

In December 2021, the Supreme Court while exercising suo motu jurisdiction restored thousands of government workers, sacked through its earlier August 17 judgement, which struck down the Sacked Employees (Reinstatement) Ordinance Act 2010.

The FCC asked whether the December 17, 2021 order was implemented in letter and spirit. It also questioned whether the non-implementation of the order amounted to the contempt of court.

The court disposing of the listed cases directed the government authorities to comply with the detailed judgement in the sacked employees' case in letter and spirit and consider the petitioners as unconditionally and regularly appointed beneficiary employees.

The court held that the conditions so imposed by the SC on the beneficiary employees were waived/diluted by the respondent-department due to the passage of time and their lethargy, not due to any fault of the petitioner employees.

"Such conduct cannot be awarded with any sentence of appreciation by this court. In this context the inaction on the pact of the employers is marked with caution, persuading us to show our concern to a sorry state of affair.

"However, at this stage we would exercise a restraint rather than acting pro-actively keeping in view the overall circumstances," stated the order.

Some legal experts believe that after 27th Constitutional Amendment, the biggest challenge for the superior courts is to establish their judicial authority. It is an open secret that the executive has a dominant role now in the appointment of judges.

In May last year, the SC ordered the federal government to carry out legislation for giving right of appeal to the civilians who convicted by the military courts in May 9, 2023 cases. However, the order is yet to implement so far.

Interestingly, both the SC and the FCC are silent on the non-implementation of the judicial order in the military courts case. On the other hand, dozens of PTI activists, convicted by military courts are behind the bar and waiting for a legislation so they can appeal against their convictions.