Ensuring rule of law: SC urges commission for public appointment

Proposal made in judgement nullifying postings by the interim govt.

ISLAMABAD:

The Supreme Court of Pakistan on Wednesday asked the federal government to set up a commission for ensuring that all appointments in public offices are made on merit and strictly in accordance with law.

A three-judge bench of the SC headed by Chief Justice Iftikhar Muhammad Chaudhry made the recommendation in a detailed judgment nullifying all appointments made by the caretaker government.

“In order to ensure the enforcement of the fundamental right enshrined in Article 9 of the Constitution and considering it to be a question of public importance, a commission headed by and comprising two other competent and independent members having impeccable integrity, may be the Federal Ombudsman or Chairman NAB or a member of civil society having exceptional ability and integrity, is required to be constituted by the federal government through open merit based process having fixed tenure of four years to ensure appointments in statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory authorities are made in accordance with the law,” read the judgment.



The court has noted that there are more than 100 organisations and corporations which are causing colossal loss of trillion of rupees to the public exchequer, like Pakistan International Airline, Pakistan Railways, Pakistan Steel Mills, PEPCO, PASCO, Utility Stores Corporation, OGDCL, NEPRA, PEMRA, PTA, KESC, SSGPL and NICL.

It said that it was a fundamental right of the citizens of Pakistan under Article 9 of the Constitution that the national resources must remain fully protected whether they are under the control of the banks or the autonomous and semi-autonomous bodies.

The chief justice, who authored the judgment, said that all public appointments must be governed by the overriding principle of selection based on merit, out of individuals who through abilities, experience and qualities have a proven record that they best match the need of the public body in question.

The court has lamented that unfortunately it had been noticed that the guidelines and principles have neither been followed by the duly elected governments in the past nor by the caretaker governments.

The court also declared all the posting, transfers, deputation made by the caretaker cabinet as void, illegal and of no legal effect from the date of issuance of notifications respectively, except the transfers and appointments of senior government officers including the chief secretaries and IGP of any of the provinces during the election process.


Published in The Express Tribune, June 13^th, 2013.