SUO MOTU CASE NO. 24 OF 2010 AND HUMAN RIGHTS CASES

An eight-member bench, headed by the Hon’able Chief Justice of Pakistan, while hearing Suo Motu and Human Rights cases regarding corruption in Hajj arrangements in 2010, took notice of the matter of re-employment of one Syed Javed Ali Bukhari, a Police Officer, as Additional Director General FIA, vide Notification dated 21-1-2011; and of some other Police officers on contract basis. The Supreme Court was informed by the then Director (Law) FIA that the appointment of the said Syed Javed Ali Bukhari was in violation of Section 3(2) read with sections 4 and 5(2) of the Federal Investigation Agency Act, 1974.
The Supreme Court observed that the said police officers were re-employed in total disregard of the provisions of Section 14 of the Civil Servants Act, 1973, as well as the instructions contained in Esta Code in Volume-l, Edition 2007, under the heading "Re-Employment" and the judgments of the superior courts. It was further observed that for establishing rule of law and constitutionalism, adherence to the relevant provisions of law in letter and spirit was necessary. Otherwise, it would not be possible to ensure the effective running of the machinery of the police department. The Supreme Court held that such re-employments tantamount to blocking the promotion of deserving officers of the forces. The Supreme Court observed that in order to achieve good governance, the same principle should be followed and strictly applied in all other departments as well.