Justice Chaudhry said cronyism and favouritism should be discouraged in fresh appointments because such practices have been a cause of contention for the last five years. PHOTO: AFP/FILE
ISLAMABAD:
The Supreme Court has suspended all appointments, postings and transfers ordered by the interim administration, and warned the government-in-waiting to maintain the highest standards of transparency while making appointments.
A three-judge bench – headed by Chief Justice Iftikhar Muhammad Chaudhry – gave the orders on Wednesday while hearing a petition filed by MNA-elect Khawaja Muhammad Asif.
The bench directed the suspension of all appointments, postings and transfers made by the caretaker government in its brief stint, barring those necessitated for ensuring free and fair elections and for smooth running of day-to-day affairs.
“You have taken up a double-edged sword by challenging the appointments made by the caretakers. Mind it, the government-in-waiting has to follow and maintain the highest standards of transparency and merit for future appointments to avoid the interference of the apex court,” Justice Chaudhry told the petitioner.
Khawaja Asif belongs to the Pakistan Muslim League-Nawaz (PML-N) which is all set to form the new government after winning majority in the May 11 elections.
Justice Chaudhry said cronyism and favouritism should be discouraged in fresh appointments because such practices have been a cause of contention for the last five years.
The bench, also comprising of Justice Ijaz Ahmed Chaudhry and Justice Gulzar Ahmed, directed the caretaker government to abstain from making further appointments, transfers and postings till the pendency of the petition. The bench, in its order, noted that apart from the petitioner, Law Minister Ahmer Bilal Sufi had also objected to the recent appointments, transfers and postings made by the interim administration.
In his petition, Khawaja Asif claimed that the heads of NHA, NEPRA, SNGPL, SSGPL, Pakistan Minerals Development Corporation, National Fertiliser, OGDCL, State Life Corporation, PTDC, Pakistan Software Export Board, FIA, and different departments of the PTA were transferred by the caretakers by overstepping its mandate.
It seemed that the caretakers had not followed the due process for new appointments, the bench observed. The issue would be decided after hearing the versions of respondent authorities – the caretaker prime minister and the establishment division secretary.
“What is the point of filing a petition in the SC against these appointments when the new government can undo these steps through executive orders,” Justice Gulzar Ahmed asked the petitioner.
The petitioner said: if removed, the recently-appointed persons would claim their right and a cycle of litigation would start for the new government.
Attorney General of Pakistan Irfan Qadir contended that the interim government could make appointments and postings to run day-to-day affairs of the state and to meet any eventuality till the new elected government took over.
However, Qadri said he needed to receive instructions from the government about the factual position of the appointments in question. The bench adjourned the hearing till June 4.
Published in The Express Tribune, May 23rd, 2013.
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