ISLAMABAD: In a landmark judgement, the Supreme Court on Monday de-notified various appointments, absorptions and transfers in the Islamabad High Court (IHC) made by IHC Chief Justice (CJ) Anwar Kasi in violation of the service rules.
The top court said the de-notified employees would be repatriated to their parent departments, including the private sector, within 15 days from the date of their de-notification.
The court, however, exempted the employees appointed in BS-1 to BS-7, provided they are otherwise eligible, from the judgement.
The court also formed a three-member committee, comprising of senior puisne judge, to examine all appointments made from 2011 onwards in violation of the rules.
“The Committee shall complete this exercise within a period of one month from the date of communication of this judgment and submit a detailed report to this Court,” the top court ruled.
The judgement had been reserved for the past four months on the petition of Advocate Chaudhry Mohammad Akram, through former Punjab Bar Council vice chairman Mohammad Arif Chaudhry, who challenged 74 appointments in the IHC, including the close relatives of sitting IHC judges.
The relatives include Deputy Registrar Idrees Khan Kasi.
A 50-page judgement, authored by Justice Amir Hani Muslim, ruled that fresh recruitments should be initiated in accordance with the rules and preferably completed in 45 days. This competitive process should be undertaken through NTS.
“If the competent authority itself starts cherry picking by deliberately ignoring and overlooking meritorious candidates in appointment exercising powers under Rule 26 of the Lahore High Court or Rule 16 of the Islamabad High Court, then the image of the institution will be tainted beyond repair. Such practice may lead to distrust of the public in the judicial institution of the country,” the court observed.
The court also observed that it could not allow denial of justice to those candidates who merit appointment nor could the court encourage anyone to bypass transparent process of recruitment provided under the rules.
“We may observe that the Chief Justice Islamabad High Court and/or the Administration Committee of Islamabad High Court have made appointments in the Establishment in complete disregard of the mandate given by the Rules framed under Article 208 of the Constitution,” the judgement said.
The top court in its observations said that a superior court is among the sacred establishments that stand as a beacon of justice, adding that if appointments in the IHC are made in colourful exercise of power or by bypassing the transparent process of recruitment provided under the rules, it will have far reaching undulate effects on the public at large.
“If the torch bearers of justice are permitted to make appointments overlooking merits, the sanctity of the judicial system will be in peril,” the top court observed, adding that the exercise of power in a manner that results in depriving meritorious citizens from the opportunity of competing for public offices, therefore, is beyond a shadow of doubt and is a matter of public importance.
The judgement also added that the chief justices can exercise powers under rules of Lahore High Court and IHC only in a manner that may not cause injustice or prejudice to any individual or employee.
In the case in hand, the IHC chief justice has exercised a power beyond the scope of the rules and relaxed them under the garb of “relaxation of rules” which cannot be permitted in any circumstances, especially when it impinges upon the statutory rights of the citizens and other employees of the high court, the top court’s judgement said.
The SC held that the IHC chief justice has lost sight of the scheme of the rules by appointing respondents and others in the establishment of IHC. It also noted the provisions of rules that provide for a mandatory competitive test for the appointment of employees was not followed, nor any advertisement was made to invite applications of eligible candidates.
“As a result, a number of meritorious and eligible candidates have been deprived of their fundamental right to seek employment through a competitive examination as provided under Article 18 of the Constitution,” the court ruled. The Supreme Court noted that numerous infirmities in the appointments made by the chief justice and these infirmities are incurable by the chief justice under the powers conferred on him under Rule 26 of the Lahore High Court Rules and Rule 16 of the Islamabad High Court Rules.
