| Case ID |
1069b7fc-4a4e-4a36-882c-3d94b67e9e43 |
| Body |
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| Case Number |
Suo Motu Case No.24 of 2010 |
| Decision Date |
Jul 29, 2011 |
| Hearing Date |
Jul 29, 2011 |
| Decision |
The Supreme Court of Pakistan addressed the massive corruption in the Hajj arrangements for 2010, emphasizing that the posting of civil servants must comply with the Constitution. The Court asserted that any officer who complied with its orders should not be penalized. It ruled that making an officer 'Officer on Special Duty' (OSD) was tantamount to punishment and was not recognized under the Civil Servants Act. The Court highlighted the importance of judicial orders and their binding nature on executive authorities, ensuring that compliance with such orders is essential to uphold the rule of law and prevent chaos. The Supreme Court also directed that the officer involved must be reinstated to his original position within a specified timeframe, reinforcing the independence of the judiciary and the necessity of accountability within the civil service. |
| Summary |
The Supreme Court of Pakistan, in its decision dated July 29, 2011, addressed significant issues of corruption in the Hajj arrangements for 2010. The case highlighted the responsibilities of civil servants and the imperative to adhere to judicial orders. The Court emphasized that the action of placing an officer as 'Officer on Special Duty' (OSD) effectively penalizes him and is not supported by the existing laws governing civil service. The ruling reinforced the constitutional obligations of the executive to comply with judicial directives, ensuring that officers who act in accordance with the law are protected from retribution. This case is pivotal in understanding the balance of power between the judiciary and the executive in Pakistan, particularly regarding the enforcement of fundamental rights and the necessity for transparent governance. The ruling serves as a reminder of the judiciary's role as the guardian of the Constitution, advocating for justice and accountability in public service. The keywords trending in this context include 'Supreme Court of Pakistan', 'judicial review', 'civil service accountability', 'Hajj corruption', and 'fundamental rights enforcement'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MIAN SHAKIRULLAH, JAN,
MAHMOOD AKHTAR SHAHID SIDDIQUI,
KHILJI ARIF HUSSAIN,
TARIQ PARVEZ,
AMIR HANI MUSLIM, JJ
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2011 SLD 1865,
2011 PLC 1489
|
| Other Citations |
PLD 2009 SC 879,
2010 SCMR 1301,
PLD 2010 SC 265,
2000 PLC (C.S.) 533,
2009 SCMR 1448,
2006 SCMR 1360,
2004 SCMR 690,
1997 PLC (C.S.) 754,
PLD 1995 SC 530,
2004 PLC (C.S.) 1036,
2000 (2) AWC 1515 = 2000 (87) FLR 658
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
5,
190,
184(3),
199
|