SC directs Balochistan government to pick secretaries from respective cadre officers

The Supreme Court on Monday issued directives to the Balochistan government to fill in vacant slots of secretaries of the provincial ministries and departments from their respective cadre officers. A two-judge bench led by Justice Amir Hani Muslim resumed the matter relating to show cause notices issued to the three secretaries of Balochistan government in pursuance of Justice Qazi Faiz Isa's judicial commission report over Quetta carnage that occurred on August 08, 2016.
Appearing on behalf of the Secretary of Communication and Works Rehmatullah Zahri and Secretary Public Health Sheikh Nawaz, senior counsel Kamran Murtaza said the case of Zahri has already been disposed of by Balochistan Service Tribunal while matter relating to Sheikh Nawaz is pending in the High Court which he will withdraw bowing to the apex court's directives.
Advocate Munir Piracha appeared on behalf of acting Managing Director Lasbella Industrial Estate Development Authority (LIEDA) Sohail Mirza, saying his client's transfer order has not been passed by the cabinet but by the chief secretary, which is illegal. He further said that case to his extent has been withdrawn in the Balochistan High Court so no matter in respect of Mirza Sohail is pending before any forum.
After hearing the counsels and their acknowledgement in the matter, the court withdrew the notices issued to them. During the course of proceedings, the Advocate General Balochistan submitted a list of incumbent officers of different posts, allegedly holding the same illegally, stating that they all have obtained stay orders from the courts, to which the bench observed that such kind of proceedings in the courts are not acceptable in view of the Article 212 (3) of the Constitution of Pakistan.
The bench asked the Advocate General Balochistan to submit details of deputationists and cadre officers before the provincial high court for adjudication in the matter. The apex court also asked Balochistan High Court to decide the matter relating to deputationists and cadre officers appointments at the earliest under Article 212 (3) of the Constitution.
It is important to mention that earlier the Supreme Court had issued show cause notices to three grade-20 officers of Balochistan province who were granted stay orders against notification of their job termination in pursuance of the Quetta Commission Report. Disposing of the matter, the bench withdrew the show cause notices and issued directives to Advocate General Balochistan to ensure cadre officers' appointments against the top slots of secretaries of the ministries and the provincial departments. Meanwhile, the bench also disposed of the bail matter of former religious affairs minister Hamid Saeed Kazmi who was sentenced 16 years in prison in Hajj corruption case.
Referring the matter to the Islamabad High Court, the bench issued directives to the Court to fix the matter within 15 days for decision on the bail plea of the accused.
The bench said in its order if Hamid Saeed Kazmi's bail application is not fixed in the stipulated period then the bail would be presumed automatically. However, the bench plainly said if Kazmi's lawyer files an adjournment application then the apex court order will not remain operative.