FCC says not implementing SC's verdicts amounts to 'challenging the very framework of the legal system'

The Federal Constitutional Court (FCC) expressed concern on Friday regarding the failure to enforce a previous Supreme Court decision in a case involving sacked government employees. The FCC ruled that not implementing or delaying the implementation of Supreme Court judgments undermines the foundation of the legal system. This observation was made while hearing petitions from both the federal and Punjab governments concerning their non-compliance with a Supreme Court verdict from December 17, 2021.

The decision converted the review hearings into Article 184(3) jurisdiction to protect the fundamental right to livelihood of numerous dismissed government workers. Subsequently, petitions challenging the 2021 ruling, which invalidated a PPP-era law called the Sacked Employees (Reinstatement) Ordinance Act 2010, were filed, resulting in nearly 17,000 job losses.

FCC Judge Justice Ali Baqar Najafi stressed that Supreme Court orders are not suggestions but legal obligations that must be followed. He emphasized that compliance is not optional but a constitutional requirement. The judge highlighted that disregarding judicial decisions erodes public confidence in the judicial system and could threaten democracy.

The Supreme Court mandated that the affected employees undergo specific tests within three months, conducted by the Federal Public Service Commission (FPSC), and the employer is responsible for administering these tests. If the tests were not administered, the employees’ actions were not at fault. The FCC concluded that the failure to implement the Supreme Court's orders was not the employees' fault, and such conduct should not be criticized.