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ISLAMABAD:
Supreme Court Justice Muhammad Hashim Khan Kakar remarked that civil servants are not required to follow illegal orders, even if they come from the prime minister.
Justice Kakar made the remark on Tuesday while heading a three-member bench hearing the review petition filed by former Minister of Petroleum and Natural Resources Anwar Saifullah Khan in the Oil and Gas Development Company Limited (OGDCL) illegal recruitments case.
Anwar was found guilty by a trial court, an order which the Lahore High Court (LHC) overturned in 2002.
However, in July 2016, the SC called Anwar responsible for the appointment of 145 people in the OGDCL, overturning the LHC verdict.
The SC verdict says that in his capacity as a federal minister, Anwar Saif Ullah Khan imposed his will on a reluctant OGDCL president and appointed 145 people to various posts after relaxing relevant rules to please his political friends in parliament. The former minister then filed a request for review.
During the proceedings, the lawyer for NAB – the prosecution in the case – said Anwar had asked the then OGDCL chairman to issue appointment letters.
Justice Kakar observed that there is a proper procedure for appointments, including announcements, adding that this is not a monarchy where orders are simply issued. The NAB lawyer said the former minister’s chief of staff had written that there was parliamentary pressure to secure jobs.
Justice Salahuddin Panhwar, a member of the bench, remarked that people are indeed asking ministers for jobs. Justice Kakar reiterated that civil servants are not obliged to comply with illegal orders.
The NAB lawyer said officials face repercussions if they refuse such orders, adding that overstaffing had taken place in the OGDCL. Justice Kakar pointed out that there is overstaffing in all government institutions and suggested comparing PIA with international airlines.
Justice Ishtiaq Ibrahim, the third member of the bench, observed that at the time of the recruitments, the 1999 NAO was not in place.
