SC rules civil servants not obliged to follow 'illegal orders', even from PM

The Supreme Court has stated that civil servants are not obliged to comply with illegal orders, even if issued by the Prime Minister.

The remarks were made during a hearing concerning unlawful recruitments in the OGDC Limited case. The Supreme Court directed lawyers to prepare for the review petition filed by a former minister.

The Court observed that advertisements are issued for appointments; a minister is not a monarch who can simply issue orders.

At this stage, the NAB counsel stated that the minister’s principal staff officer had reported pressure from Parliament regarding the appointments.

The Supreme Court clarified that civil servants are not bound to obey illegal directives from the Prime Minister.

Justice Hashim Kakak added that every government department has an excess of staff beyond sanctioned strength.

Justice Kakak also commented, “Compare PIA with international airlines,” to which the NAB counsel responded that excessive hiring at PIA had led to the need for privatisation.

Justice Ishtiaq Ibrahim noted that at the time the recruitments occurred, the law establishing the Accountability Commission was not in force.

He added that the relevant federal minister has already served the punishment, stating, “Isn’t it sufficient that the minister has completed his sentence?”