slamabad: The Supreme Court has observed that civil servants are not legally bound to comply with unlawful orders, even if such directives come from the prime minister.
The remarks were made during the hearing of a case related to illegal recruitments in Oil and Gas Development Company Limited (OGDCL). A three-member bench, headed by Justice Hashim Kakar, directed lawyers to properly prepare the case for further proceedings.
During the hearing, the NAB prosecutor told the court that former minister Anwar Saifullah had instructed the OGDCL chairman to issue appointment letters. He added that the recruitment process should have been conducted through public advertisements, in line with the law.
Justice Hashim Kakar remarked that ministers are not monarchs who can issue orders at will, noting that almost every government department suffers from overstaffing. Justice Salahuddin Panhwar observed that the public often approaches ministers to seek jobs.
The NAB lawyer further stated that over staff recruitment were made in OGDCL, and that the minister’s principal staff officer had written that there was pressure from parliament to make appointments.
Justice Hashim Kakar stressed that even if the prime minister issues illegal instructions, civil servants are not obliged to carry them out. In response, the NAB prosecutor said that civil servants often face serious consequences if they refuse to follow such orders.
During the proceedings, the NAB lawyer also referred to over staffing in PIA, which he said eventually led to its privatization. Justice Ishtiaq Ibrahim remarked that those recruitment were made at a time when accountability commission laws were not in place.
Justice Ishtiaq Ibrahim noted that the concerned federal minister had already served his sentence, to which Justice Hashim Kakar commented that a conviction leaves a permanent mark, questioning whether serving the sentence was not sufficient.
Later, the NAB prosecutor requested the court to dismiss the review petition and uphold the original verdict.