Supreme Court. PHOTO: EXPRESS/FILE
The Supreme Court on Thursday issued contempt of court notices to caretaker Prime Minister Mir Hazar Khan Khoso along with other top civil officers for violating its judgment regarding the transfer of bureaucrats.
“Prima facie the premature transfer/posting of at least 20 senior government officers violates the Anita Turab case,” observed a three-judge bench headed by Justice Jawwad S Khawaja on Thursday.
On a petition of a senior bureaucrat Shafqat Hussain Naghmi, the apex court had taken serious notice of the transfer of 20 senior government officers, including Imtiaz Inayat Elahi, by the caretaker government.
The court, in its Anita Turab judgment in November 2012, had held that civil servants were not bound to obey illegal orders from their superiors as their priority was to follow the law laid down by the Constitution.
The contempt notice, under Section 3 of the Contempt of the Court Ordinance 2003, further read that apart from the premier the notice was also issued to Principal Secretary to the prime minister Khawaja Siddiq Akbar and Secretary Establishment.
All have been asked to submit a reply within a week’s time explaining why these transfers should not be declared null and void.
The officers who were posted out to different departments have also been directed to appear in person before the court on the next date of hearing which will be fixed later.
The officers who were posted in different departments have also been directed to appear in person before the court on the next date of hearing which will be fixed later.
Published in The Express Tribune, May 10th, 2013.
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@Deendayal M.Lulla: Mr Lulla you have hit the Head on the nail. Or is it the nail on the Head that Judges argue endlessly??
The law of contempt leaves too much to the predilections of individual judges. This one-sided law should be abolished.