Transfer orders withdrawn, Khoso tells SC

Published May 31, 2013
Caretaker Prime Minister Justice (retd) Mir Hazar Khan Khoso.—File Photo
Caretaker Prime Minister Justice (retd) Mir Hazar Khan Khoso.—File Photo

ISLAMABAD: Caretaker Prime Minister Mir Hazar Khan Khoso assured the Supreme Court on Thursday that he had withdrawn his orders regarding transfer and posting of about 20 senior government officials.

Facing contempt proceedings over alleged violation of a court judgment, the prime minister said in a two-page statement submitted through his counsel Arif Chaudhry that withdrawal of the orders amply demonstrated and proved beyond any doubt his sincerity in abiding by the writ of the apex court.

Headed by Justice Jawwad S. Khawaja, the Supreme Court bench is seized with petitions moved by senior bureaucrat Shafqat Hussain Naghmi, Secretary of the National Commission for Government Reforms Imtiaz Inayat Elahi and others against their transfer to different government departments in “violation of judgment in the Anita Turab case”.

On May 9, the Supreme Court issued contempt notices to the prime minister, along with his Principal Secretary (PSPM) Khawaja Siddiq Akbar and Establishment Secretary Taimur Azmat Usman, and made former PSPM Sirat Asghar a party in the matter.

The notices were issued under section 3 of the Contempt of the Court Ordinance 2003, read with article 204 of the constitution, with a direction to submit replies explaining why the transfers/postings should not be declared null and void.

The court held that prima facie the transfer/posting of the officers seemed to violate judgment in the Anita Turab case. In that judgment, the apex court had held that civil servants were not bound to obey illegal orders of their superiors as they owed their first and foremost allegiance to the law and the constitution.

On May 24, Mr Akbar filed a reply expressing willingness to submit to the court documentary evidence explaining reasons for the transfer and posting of the officers. He said the transfers/postings were made for compelling reasons, involving the general reputation, conduct and performance of the officers.

He added that the evidence could be presented in camera, if so desired by the court.

In his statement on Thursday, the prime minister said the withdrawal of the transfer orders showed his commitment towards implementing the court’s judgment in the Anita Turab case.

“Indeed, the Election Commission of Pakistan’s notification of April 2, 2013 was the root cause and origin of issuance of these orders for the transfer and postings which led this court to contemplate action in this case,” the statement submitted on behalf of Mr Khoso said.

The prime minister said the postings and transfers were made inadvertently and without any intention to cause offence.

He went on to say that he had the greatest respect for the Supreme Court, held it in highest esteem and honour and firmly believed in its supremacy.

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