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Published 27 Jul, 2011 09:04pm

SC criticises demotion of secretary for obeying court

ISLAMABAD, July 27: Visibly piqued by the unexpected demotion of a top bureaucrat for obeying its orders, the Supreme Court directed the attorney general on Wednesday to personally convey to Prime Minister Yousuf Raza Gilani the court’s feelings and explain constitutional implications of a deviation from the court’s orders.

“Under the Constitution, if the court passes orders it should be complied with and no approval of any authority in the executive is required for its implementation,” observed a five-judge bench hearing a case relating to the unprecedented mismanagement in last year’s Haj operations.

“The rules or even statutes which are subordinate to the Constitution cannot place bar on the authority of this court to seek the enforcement of its orders,” the court said.

A perception about a tussle between the executive and judiciary was reinforced when Rawalpindi High Court Bar President Shaukat Aziz Siddiqui suddenly appeared before the court and assured it of the legal community’s complete support. “We are again ready to come to the streets and observe strikes and render sacrifices for the institution. For the past several months lawyers have been in great agony because the court’s orders are being jeopardised and maximum limit has been crossed by the executive,” Mr Siddiqui said.

Pointing towards Attorney General Maulvi Anwarul Haq, Chief Justice Iftikhar Mohammad Chaudhry said the government should maintain sanctity of this institution.

The AG is required to inform the court on Thursday about his meeting with the prime minister and submit in writing the reaction of the chief executive to the court’s order. He will also place on record the notification and summary in pursuance of which Sohail Ahmed was consigned to a sinecure post of officer on special duty (OSD) from the prestigious position of establishment secretary.

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