SC disposes of Federal Govt’s appeal against stay on FESCO chairman’s transfer

| SC directs LHC to decide case in a week, otherwise, stay order will be considered void

ISLAMABAD   -   The Supreme Court (SC) on Friday disposed of the Federal Government’s appeal against the Lahore High Court’s (LHC) stay over transfer of Faisalabad Electric Supply Company’s (FESCO) Chairman Shafiq-ul-Hassan.

A three-member SC bench headed by Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case. 

During the course of proceedings, Justice Bandial said that the apex court did not issue stay order after hearing cases unilaterally. In the instant case, the LHC issued a unilateral stay order against the government, he added.

He said the judiciary could exercise its powers under certain rules. The news was also aired on media in the case, he added.

The Additional Attorney General said the government had rightly exercised its authority in transfer of the FESCO chairman, and the LHC issued the stay order on August 28 without hearing the government.

Justice Bandial observed that according to the policy, the Supreme Court did not interfere in the interim orders of a high court. It intervened only if there was a serious violation of the law. Had the high court exceeded its jurisdiction, the apex court would have intervened, he added.

He directed the LHC to decide the case in a week. If no decision was taken within a week, the restraining order would be considered void and the FESCO chairman would have to report to his old company.

The court after hearing the arguments disposed of the case.

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