SC issues notices to federal govt, attorney general in FPSC ordinance case

ISLAMABAD: Supreme Court of Pakistan issued notices to federal government and Attorney General of Pakistan Makhdoom Ali Khan Thursday to appear before the court in a case challenging the presidential ordinance, 'FPSC (second amended) Ordinance 2005'.

Justice Faqir Mohammad Khokhar and Justice M Javed Buttar of the Supreme Court were hearing the petition filed by the former chairman of Federal Public Service Commission Lieutenant-General (r) Jamshed Gulzar Kiani and four other ex-members of FPSC including Gul Hameed, Justice (r) Abdur Rehman, Javed Akram and Tariq Saeed Haroon.

The petitioners have challenged the promulgation of the said presidential ordinance that has reduced their job tenure from five years to three years. Jamshed Kiani who was appointed chairman FPSC on March 31, 2003 was retired on March 30, 2006 due to promulgation of the presidential ordinance. They filed the writ petition in Supreme Court against Lahore High Court's verdict into the case on March 8, 2006.

Akram Sheikh being counsel for the petitioner Jamshed Kiani submitted to the court that the ordinance is mala fide that lapsed in the Parliament. He contended that the ordinance remained pending with the Parliament for four months that did not approved it but with certain amendments the president contradicting the supremacy of the Parliament promulgated the ordinance.

Akram Sheikh submitted to the apex court that Article 89 of the Constitution of Pakistan clearly provides that if an ordinance is not approved by the Parliament, it shall lapse after four months. He maintained that the head of the state cannot usurp legislative powers of the Parliament. The apex court issuing notices to federal government and Attorney General of Pakistan Makhdoom Ali Khan adjourned the case for date in office, for an indefinite period.