Deplorable situation regarding Supreme Court's Judgments

There was a time when the Government Departments were implementing the Supreme Court's Judgments automatically Circular letter No.SORII(S&GAD)3-4/78, dated 21.12.1981. The Supreme Court, in Civil Appeal No.64 of 1979 (Syed Mir Mohammad versus NWFP Government), decided on 16.3.1981 (reported as PLD 1981 SC 176), has, however, held that on a proper construction of rules 5 and 6 read together of the aforesaid rules, it is statutory requirement that if a formal inquiry is held, then the Authorised Officer should, after he has tentatively decided upon the action proposed to be taken against an accused officer/official, give him an opportunity to offer his explanation against the proposed action in the light of the findings of the Inquiry Officer/Inquiry Committee but now the situation is that the Chief Justice is reminding the Government about the Judgment on NRO!

          I have certain cases against the Government of Khyber Pakhtunkhwa in the Service Tribunal and I know better how now-a-days the Government Departments are ignoring the rulings of the Supreme Court. I made so many letters and gave references from the Constitution but the officials of the Government Departments have adopted such behaviour which is unbearable. The Tribunal is competent to compel them to obey the Supreme Court’s Rulings but what I want to discuss is the “Fear” of the Supreme Court which has vanished from the heads of the Government Officials and it has reasons. When they see the attitude of their high ups in Islamabad to the Supreme Court’s Judgments they naturally get bad inspiration.

          The Chief Justice is lamenting only the non-implementation of the NRO Judgment and Swiss Cases while I lament all those judgments which the Supreme Court has given in favour of the citizens of Pakistan including the Government Servants.

          The Officials in the Government Departments have no fear of the Supreme Court which is evident from the treatment they meted out to its rulings. It means that two or three decades ago the officials were very cautious in dealing with Supreme Court’s Judgments but now they know that the highest authorities are behind them in ignoring the Judgments.

          So far the war was under the carpet but now even the layman knows very well that the Government is not in the mood to accept anything contrary to the President of Pakistan. Feel the difference that there was a time when the Government Departments were accepting to act on Judgments relating to minor matters but today even big matters are out of their sight.

          Supreme Court should show its strength to the Government.

Manzoor Ahmad Yousafzai

M.A Political Science, LLB (Peshawar)