The Supreme Court on Tuesday observed that civil servants are not bound to follow illegal orders, even if such directives are issued by the prime minister.
The remarks were made by Justice Hashim Kakar while heading a three-member bench hearing a case related to illegal recruitments in Oil and Gas Development Company Limited (OGDCL).
During the proceedings, the National Accountability Bureau (NAB) counsel informed the court that overstaffing had taken place in OGDCL. He said that former federal minister Anwar Saifullah had directed the OGDCL chairman to issue appointment letters, adding that the appointment letters were routed through the federal minister’s office. The NAB lawyer maintained that the recruitment process should have been conducted through public advertisements, in accordance with the law.
Justice Hashim Kakar remarked that overstaffing exists in almost every government institution. He stated that civil servants are not obligated to comply with unlawful orders, even if they come from the prime minister. In response, the NAB counsel said that civil servants often face serious consequences if they refuse to carry out such instructions.
Justice Kakar further observed that Pakistan is not a monarchy where orders are simply issued and followed without question. Justice Salahuddin Panhwar noted that members of the public frequently approach ministers for employment.
During the hearing, it was also informed that overstaffing in Pakistan International Airlines (PIA) eventually led to its privatization. The court was told that the recruitments in question were made at a time when no accountability commission law was in place.
Justice Ishtiaq Ibrahim remarked that the relevant federal minister had already served his sentence. Justice Hashim Kakar questioned whether completing the sentence was not sufficient accountability, adding that a conviction leaves a lasting mark.
The NAB counsel requested the court to dismiss the review petition and uphold the original verdict. The Supreme Court directed the lawyers to prepare for arguments on the former minister’s review petition and adjourned the hearing.
