SC disapproval: Enforce court ruling on FST, federal govt told
The apex court orders an independent budgetary allocation for annual expenditures of service tribunals.
Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD:
The Supreme Court on Tuesday refused to provide more time to the federal government in making the Federal Services Tribunal (FST) financially autonomous and asked it instead to enforce its ruling without delay.
The apex court ordered that an independent budgetary allocation for annual expenditures of service tribunals be provided in accordance with the Constitution, enabling them to function independently.
Nearly five months earlier, the apex court had ordered the government to make the appointments in consultation with the chief justice of the relevant high court within 30 days and make the services tribunal financially independent.
In its 64-page verdict, the court ordered an end to the government’s influence over the FST and directed the authorities concerned that the legislation of the judicial decision should be enacted within 30 days.
The court further ruled that the appointment of the FST chairman was not in accordance with the Constitution and the decision to appoint him was to be taken after consultation with the chief justice of the relevant High Court.
The verdict ruled that Service Tribunals Acts do not contain any specific provision providing for the financial autonomy of tribunals. Thus, on this score as well, the service tribunals cannot discharge their functions independently.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry held the opinion that the executive is not attentive to implementing the given order and this issue could not be left to the executive’s will.
During the proceedings, the chief justice said that earlier the court was informed by the federal government’s attorney that the approval of the court order’s implementation will be appropriated from federal cabinet but the needful was not done.
Chief Justice Iftikhar Chaudhry also asked the federal government’s attorney how an ordinance can be issued to implement the court’s order, while the National Assembly is in session. The court declined the request.
The Supreme Court on Tuesday refused to provide more time to the federal government in making the Federal Services Tribunal (FST) financially autonomous and asked it instead to enforce its ruling without delay.
The apex court ordered that an independent budgetary allocation for annual expenditures of service tribunals be provided in accordance with the Constitution, enabling them to function independently.
Nearly five months earlier, the apex court had ordered the government to make the appointments in consultation with the chief justice of the relevant high court within 30 days and make the services tribunal financially independent.
In its 64-page verdict, the court ordered an end to the government’s influence over the FST and directed the authorities concerned that the legislation of the judicial decision should be enacted within 30 days.
The court further ruled that the appointment of the FST chairman was not in accordance with the Constitution and the decision to appoint him was to be taken after consultation with the chief justice of the relevant High Court.
The verdict ruled that Service Tribunals Acts do not contain any specific provision providing for the financial autonomy of tribunals. Thus, on this score as well, the service tribunals cannot discharge their functions independently.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry held the opinion that the executive is not attentive to implementing the given order and this issue could not be left to the executive’s will.
During the proceedings, the chief justice said that earlier the court was informed by the federal government’s attorney that the approval of the court order’s implementation will be appropriated from federal cabinet but the needful was not done.
Chief Justice Iftikhar Chaudhry also asked the federal government’s attorney how an ordinance can be issued to implement the court’s order, while the National Assembly is in session. The court declined the request.