Three-member bench of the apex court headed by Chief justice Iftikhar Muhammad Chaudhry on Wednesday delivered the verdict on the petition filed by the PML-N leader and the Federal Minister for Water and Power Khawaja Muhammad Asif against appointments, postings and terminations made by the interim government.
The apex court declared the appointments, postings and terminations made by the interim government as null and void. The caretaker government made 442 appointments, postings and terminations in 11 weeks.
The court in its order said that the mandate of the interim government was only to hold free, fair and transparent elections and perform routine matters.
The court said that the interim government, while making postings and transfers, has violated its mandate. The court has given authority to new government to review the postings, transfers and terminations made by interim government in 15 days.
The court said that the caretaker government made decisions regarding policy which were outside their roles and responsibilities.
The court stated that provincial chief secretaries and IG police are not the relevant authorities for such decisions and that the federal government had the authority to review and retain postings ordered by the caretaker government.
The court asked the government to form three member commission for making appointments and transfers on key posts in future. The court said that the present government can review the appointments made during the previous government.
The court said that the matter of appointment of federal ombudsman would be heard separately as important legal points have been raised in the petition.
The apex bench had reserved the judgment on Friday after the completion of the arguments. The 45 page verdict has been written by Chief Justice Iftikhar Chaudhry.