Civil Servants Not Bound to Follow Illegal Orders, Even from Prime Minister: Justice Hashim Kakar

Islamabad: Supreme Court judge Justice Hashim Kakar on Tuesday observed that civil servants are not obligated to comply with illegal orders, even if such directives are issued by the prime minister.

The remarks were made during the hearing of a case related to illegal recruitments in Oil and Gas Development Company Limited (OGDCL). A three-member bench headed by Justice Hashim Kakar heard the matter.

During the proceedings, NAB’s counsel informed the court that overstaffing had taken place in OGDCL and that former federal minister Anwar Saifullah had instructed the company’s chairman to issue appointment letters. The counsel added that job appointment letters were sent through the federal minister’s office, whereas recruitment should have been carried out through proper advertisement.

Justice Hashim Kakar remarked that overstaffing exists in almost every government institution. “Even if the prime minister issues illegal orders, civil servants are not bound to follow them,” he observed. In response, NAB’s lawyer said that civil servants face serious consequences if they refuse to comply with orders.

Justice Hashim Kakar further remarked, “This is not a monarchy where orders are simply issued,” adding that overstaffing is a widespread issue in public sector organizations. Justice Salahuddin Panhwar noted that members of the public often approach ministers seeking jobs.

The court was informed that Pakistan International Airlines (PIA) had to be privatized due to overstaffing, and that the recruitments in question were made at a time when accountability commission laws were not in place. Justice Ishtiaq Ibrahim observed that the relevant federal minister had already served his sentence.

Justice Hashim Kakar questioned whether the completion of the sentence was sufficient, remarking that a conviction still leaves a lasting mark.

NAB’s counsel requested the court to dismiss the review petition and uphold the original verdict. The court, however, directed lawyers to prepare for arguments on the former minister’s review petition.