The Supreme Court of Pakistan will announce on Monday its decision concerning a petition seeking disclosure of staff details, it emerged on Saturday.
Last month, the apex court had reserved its decision on the petition. A three-member bench, headed by Chief Justice of Pakistan Qazi Faez Isa, heard the petition filed by a citizen, namely Mukhtar Ahmed Ali.
The petition challenges the decision made by the Islamabad High Court (IHC) regarding the acceptance of the SC registrar’s writ petition against the Pakistan Information Commission's (PIC) order to make the apex court's staff information publicly accessible.
The registrar through the Attorney General for Pakistan office, had filed a petition in the IHC against the PIC's July 12, 2021 order that directed the SC registrar to share with the appellant the requested information at the earliest, but not later than 20 working days of the receipt of the order.
It is also contended that the PIC cannot pass such an order regarding constitutional courts as its jurisdiction was confined only to those departments which are established under statute/law.
Petition
In May 2019, applicant Mukhtar Ahmed Ali approached the PIC, seeking particular information about the total sanctioned strength of staff members of the top court against different positions and pay scales.
The data sought details from pay scales 1 to 22, along with total vacancies in the top court against different pay scales and positions. The applicant had also sought the dates from which the positions were lying vacant.
The applicant asked for the number of staff members who were not regular but had been engaged on daily-wage basis or through short-term or long-term contracts against various positions and pay scales and the number and types of positions created anew since January 1, 2017.
The total number of females, disabled people and transgender staff members against various positions and pay scales working with the SC and a certified copy of the latest approved service rules of the top court were also required.
Moreover, in the absence of the present petitioner, IHC CJ Aamer Farooq accepted the registrar's petition and set aside the PIC order on the basis of lack of jurisdiction.
Mukhtar Ahmed challenged the IHC's single-judge order by filing an intra-court appeal (ICA). However same was also rejected on account of time bard. Upon this petitioner approached the apex court.
He had raised several questions of law in his petition and questioned whether the judgement accords with the principles of administration of justice.
Isa on PIC order
Last year Justice Isa while writing a letter to ex-CJP Umar Ata Bandial had raised questions over the filing of a writ petition by the SC registrar against the Pakistan Information Commission’s (PIC) order for sharing details of the apex court staff.
He in his letter recalled that he had also written to ex-CJP Gulzar Ahmed to withdraw the writ petition from the Islamabad High Court (IHC) as the same was filed without consultation of all judges.
He pointed out that the fact that the apex court is standing as a petitioner and praying for relief before a high court is unprecedented.
Read the full story at the express tribune website.
