Surely, we like to help people but that be in accordance with the law: Justice Bandial
ISLAMABAD - The Supreme Court of Pakistan Thursday said that it can assume jurisdiction under Article 184(3) of Constitution to do complete justice and to safeguard the rights of the employees, affected by its judgment.
A five-judge larger bench of the apex court headed by Justice Umar Ata Bandial conducted hearing of the review petitions of the federal government and the sacked employees against its judgment, which declared Sacked Employees (Reinstatement) Act, 2010 ultra vires.
During the hearing, Attorney General for Pakistan Khalid Jawed Khan stated that a day ago (Wednesday) he had submitted the proposals on behalf of the federal government regarding sacked employees. He said in the categories, submitted before the bench, those employees would not be included whose services were terminated or removed due to absence from service, corruption and misconduct.
He said that the federal government supports the review petitions of the private parties. He added that in case the court does not accept the petitions then the government proposals are there.
Justice Bandial said that these proceedings have different colour though these are review petitions, because when a large number of employees has approached the apex court then they (SC) can assume the jurisdiction under Article 184(3) of Constitution to do complete justice and to safeguard the fundamental rights and livelihood of the employees. He said the constitution is sacrosanct.
Justice Bandial said that the sacked employees were working in the corporations, semi-autonomous bodies and the government departments. He also said, “We consider the fundamental principle to govern these entities as the human element is involved, which imposes obligations upon the government and the apex court.”
He added that the Supreme Court for the last 30 years has been emphasizing that requisite criteria i.e. advertisement, test, and merit list announcement must be followed for ensuring transparency, competence and fairness. He said that according to the Supreme Court judgment authored by former Chief Justice Jawad S Khawaja in Ashraf Tiwana case it cannot be assumed that the public jobs doled out. There must be a process for induction of people in the government service, he added.
Justice Bandial said that the attorney general has acknowledged that in the appointment of persons in BS-1 to BS-7 the process was nominal. The employees who were terminated in 1997, 1998 or 1999, then were doing other jobs, or no job. The statutes conferred right (employment) but this right should not be in derogation of certain laws and the constitution. The court will make sure that the appointment in the government departments, corporations and semi-autonomous bodies are not made through back door.
He said that the court has been urged to save the Act. “We are committed to go by according to the law. Our hearts go for the affectees, but as we have taken oath under the Constitution so we have to do justice in accordance with the law. Surely, we like to help the people, but that be in accordance with the law,” Justice Bandial said. The attorney general stated that the Act itself speaks about the deficiencies in the process of the employment. The Act was in nature to rectify the wrong done in the past. Later, the bench adjourned the hearing till today.