Pakistan Today

Obeying illegal orders not justifiable: CJP

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has asked civil servants to act according to the letter and spirit of the constitution and law to achieve objects of good governance.
Addressing Office Management Group probationers who visited the Supreme Court on Monday, the chief justice said they had been given very important role in the making and implementation of policies.
The CJ said if there was any malfunctioning on part of public functionaries, knocking the doors of the courts remained the last option.
He pointed out that the constitution in its Article 37 (d) made it obligatory on the state to ensure inexpensive and expeditious justice. “If the courts are dispensing justice impartially and expeditiously, nothing can stand in the way of the nation’s advancement,” he said.
Justice Chaudhry said the courts in Pakistan had always strived for the protection of fundamental rights of the citizen. “The civil service has always been considered as service of the state and not subservient to the whims of the executive organ of the state and their primary duty is, and has always been, to be in the service of the people.” He pointed out that the court had held time and again that government servants should comply only with those orders of their superiors which were legal and within their competence.
The chief justice said civil servants were also to be provided safety against illegal orders as in such situations, they were either transferred immediately before completion of their tenure, placed as OSDs or their promotional prospects were compromised.

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