FPSC's Akram(Top,L), Gul Hanif, Gen. Gulzar (C), Justice A. Rehman
and Tariq S. Haroon
Army Buddy Challenges Him in Top Pakistan Court
M T Butt
September 4: A former Army buddy of General Musharraf, who was
appointed Corps Commander of the all-sensitive Rawalpindi Corps
shortly after the 1999 coup, has turned against his former boss
to the extent that on Friday he filed a petition in the High Court
accusing Musharraf of misusing his powers.
General Jamshed Gulzar Kiyani, known during his military tenure
as an upright and honest officer, was appointed Chairman of the
Federal Public Service Commission of Pakistan for 5 years after
his retirement from the Army in 2003. It was a constitutional
tenure post and Musharraf thought he would be compliant and accommodate
all his legal and illegal demands to post favorites on key positions
But General Gulzar Kiyani turned out
to be a tough cookie. Since he knew Musharraf well, including
his weaknesses and strengths, he started taking principled positions
on important appointments and always stood in the way of appointment
of cronies, whether from the civil or military background.
Soon Musharraf and his powerless
Prime Minister were confronted with an institution which became
a hurdle in their political designs to reward crooks in return
for their support.
Federal Public Service Commission, under General Gulzar Kiyani, turned
down several key appointments and in two annual reports criticized
the Government for bypassing the FPSC and bulldozing its way,
but Musharraf and Shaukat Aziz did not listen to Gulzar Kiyani.
least six officials including Maj Gen (r) Agha Masood, DG Post
Office; Brig (r) Maqsoodul Hasan, DG Federal Education Directorate;
Dr Fazle Hadi, ED PIMS; Chairman NADRA Brig (r) Saleem; Aziz Khan,
Pakistan's High Commissioner in India, were given extensions in
their contract beyond two years in violation of the FPSC ordinance
and without getting NoCs from the FPSC.
General Gulzar Kiyani kept continuously embarrassing Musharraf
and Aziz, but shamelessly, instead of listening to the sound advice,
they acted illegally against the General and tried to throw him
out of office earlier than his legal tenure.
Last week, on Aug 27, Musharraf
issued an Ordinance to cut the tenure of General Gulzar Kiyani and other
FPSC members from 5 to 3 years so that he could get rid of this
pain in the butt. But even that move has now backfired.
Friday, Sept 2, 2005, Gulzar Kiyani and four out of seven members
of the FPSC filed a constitutional petition in the Lahore High
Court challenging Musharraf’s ordinance as mala fide, illegal
and unconstitutional. It is the first legal challenge to Musharraf
by one of his own colleagues, though now a retired General but
on an important position of power.
"The President and the Prime
Minister could not countenance the independent and conscientious
working of the petitioners for long and decided to cut short the
tenure of the petitioners and removed them by promulgating an
Ordinance just two days before the National Assembly Session which
was convened for 29th August, 2005," said the constitutional
petition, also seeking stay against the implementation of the
Filed through senior Advocate
Muhammad Akram Sheikh the petitioners Lt Gen (Retd) Jamshed Gulzar Kiyani,
chairman FPSC, Gul Hanif, member FPSC, Justice (Retd) Abdur Rehman
Khan, member FPSC, Javed Akram, member FPSC and Tariq Saeed Haroon,
member FPSC made Musharraf, Prime Minister Shaukat Aziz and Secretaries
of the Establishment Division and Law as respondents.
effect of this mala fide and colourable exercise is that the petitioners
Mr Gul Hanif,, Justice (r) Abdur Rehman Khan and Javed Akram will
cease to be members of FPSC forthwith while Mr Tariq Saeed Haroon
on 1-12-2005 and the petitioner Lt Gen (r) Jamshed Gulzar Kiyani
shall cease to be the Chairman FPSC on 30-3-2006," read the
petition filed before LHC Rawalpindi Bench.
the tenure for which the petitioners were appointed as Members
of FPSC has not yet elapsed, the petition said, the President
promulgated the FPSC (amendment) Ordinance 2005 to cut their tenure
from five to three years. The said ordinance, the petitioners
said, has been made with mala fide as a consequence of the petitioners
having faithfully acted in the spirit of the oath of their office.
The petitioners, the petition said, performed their duties in
the true spirit of their oath to uphold the law and the rules
governing their functions.
The chairman, it added, resisted
any violation of laws and rules and took up such issue with the
Prime Minister or the President as the case may be. "The
first such case arose soon after the chairman assumed office when
the then Prime Minister Zafarullah Jamali ordered the promotion
of one Major (r) Muhammad Habib Khan, an officer of the police
service of Pakistan, from BS-20 to BS-21, who had already been
superseded twice in the years 2000 & 2002, contrary to the
recommendation of the Central Selection Board (CSB) not to promote
The petitioner/chairman brought
this to the notice of the President personally. Subsequently in
January 2005 the petitioner/Chairman brought to the notice of
the President a further case of violation when the Prime Minister
disregarded the recommendations of the CSB held in the year 2004,
regarding promotion of Maj (r) Fateh Sher and Mr Zafar Iqbal Qureshi,
two officers of the Police Service of Pakistan, from BS-19 to
BS-20 and instead promoted on Capt (r) Zafar Ahmad Qureshi, who
had not been even discussed for promotion by the CSB and one Mr
Zafar Abbas Lak, who was considered by the Board but deferred
because of a pending NAB inquiry."
The Prime Minister, the petition said, in case of disagreement
with the CSB was required to refer the case back to the CSB as
provided under the rules but it was never done.
petitioner/chairman also took up the issue of repeated extensions
of contract appointments in the Federal Government. He and the
other petitioners in their capacity as Members of the Commission
expressed serious reservations about the practice of indiscriminate
recruitment of retired government servants both from the civil
administration and the defense services to higher posts in the
civil service on the principle that such contract appointments
block promotion of junior officers causing frustration amongst
them and in many cases violate rules of appointment," the
Analysts in Islamabad said Musharraf
was confronted with a serious legal challenge as the petitioners
were insiders, both from the Army and the Establishment and had
challenged the authority knowing full well the consequences.
High Court judges will now be under severe pressure because if
they reject the petition, they would be changing the rules of
their own employment and tenures, since FPSC members have similar
constitutional protections as judges,” a legal expert said.
“But if they declare the
law passed by Musharraf as void, the General and his intelligence
goons would be after them, making life miserable. But they have
a great chance to restore some credibility of the judiciary.”
media has been reporting regularly on General Gulzar Kiyani’s
confrontation with Musharraf and Aziz. One crusading journalist
who chronicled the excesses of the Government is Ansar Abbasi,
Bureau Chief of The News in Islamabad. According to one
of his reports the following cases of irregularities, favoritism
and illegal appointments were rejected by the Federal Public Service
* In the very first week of his coming into power, Prime Minister
Shaukat Aziz approved an extension in the contract period of Maj
Gen (r) Agha Masood Hassan as DG Post Office for the fifth year,
subject to the mandatory consent of the Federal Public Service
Commission as provided in the FPSC Ordinance. When the case was
referred to it, the FPSC did not issue the NoC and ruled that
the General's previous extensions were also illegal. Following
this, the prime minister, instead of sending the officer home,
gave him a two-year extension.
* In the first week of September, the Prime Minister ordered the
creation of six new federal ministries taking the total number
of such entities to an all-time high of 39. This was done to induct
the largest ever cabinet of 59 ministers and ministers of state.
Goals and targets were set for the ministers and ministers of
state but they were never reviewed despite the prime minister's
resolve that the performance of the ministers would be reviewed
quarterly and those not performing well would be shown the door.
* In September 2004, the prime minister directed the recreation
of the condemned public affairs wing of the prime minister's secretariat,
which in the past had been making politicized appointments in
government departments on the recommendation of MPs. The said
wing was later formally set-up to commence the condemned practice
of making politicized appointments. On the order of the Establishment
Division, all federal agencies including the ministries and divisions
were formally barred from making appointments against lower scale
jobs without getting NoCs from the PM secretariat whose public
affairs wing was tasked to get the nominees of government MPs
appointed against the fixed quota informally allocated for each
* In October, the Aziz government decided to purchase a fleet
of 30 high-priced high-tech bullet-proof Mercedes Benz for the
country's VVIPs. This cost the national exchequer more than Rs
3 billion. Later, 30 Limousines, each costing at least Rs 70 million,
were ordered but following media controversy on the issue, the
purchase order of 20 Mercedes was cancelled.
* In November, the Establishment Division moved a case for the
PM's approval for the appointment of Major General (r) Asif Bukhari
as head of civil service reform unit (CSRU) ignoring both the
set criteria and procedure. The PM approved the summary, surpassing
the laid down procedure jointly evolved by the government and
the donors, and later approved by the ECNEC. The appointment was
to be made through a transparent procedure and by inviting the
applications of the interesting candidates through media advertisement.
Advertisements were given, applications were received and short
listed. But out of nowhere the general was appointed despite not
even being an applicant against the job advertised earlier. The
World Bank conveyed its displeasure over this appointment.
* In November, following the PM's order, the Establishment Division
issued notifications for the appointment of 13 federal secretaries,
one additional secretary incharge and five additional secretaries
while three others including two federal secretaries and one additional
secretary incharge were made OSD. The reshuffle was made without
taking into consideration the officer's qualification, expertise
and experience. Except in one case, none of the federal secretaries
transferred had completed their three-year tenure. Moreover, at
least 16 of the total 19 officers -- secretaries and additional
secretaries -- were given key assignments in the federal secretariat
and had never served in the divisions that they were asked to
* In December, the PM appointed Tariq Pervez as Director General,
Federal Investigation Agency (DG FIA) bypassing at least six of
his seniors, which turned the organization's hierarchy topsy-turvy.
Some of the seniors opted to go on leave, a few managed to get
themselves posted out of the FIA while others are still serving
in the FIA under their junior colleague.
* In January 2005, the PM overruled the high-powered central selection
board in violation of the promotion policy, to promote two police
officers as Deputy Inspector General dropping the two officers
who were unanimously cleared by the CSB. One of the two promoted
officers was the brother of a sitting government MP and parliamentary
secretary. He was never considered by the CSB as he was down on
the seniority list while the other official, closely related to
the Choudhries of Gujrat, was deferred by the board for facing
an inquiry pending before the National Accountability Bureau (NAB)
Punjab. This led to a serious controversy as both the chairman
CSB and an elite intelligence agency approached the President
over these violations. The President asked the PM to review the
matter. Later the PM withdrew his approval in case of the officer
who was never considered for promotion by the CSB but the promotion
of the one who was recommended for deferment was notified.
* In January, the PM approved an increase of Rs 35,000 to 40,000
in the salaries and house rent allowance of the federal ministers
and ministers of states. Besides a raise of 15% in the name of
"ad hoc relief" the house rent allowance was approved
to be raised from the then Rs 40,000 to Rs 75,000 in case of federal
ministers and Rs 70,000 in case of ministers of state. However,
after the issue was taken up by the media, the President agreed
to raise this house rent allowance to Rs 50,000 only.
* In May this year, the PM through his cabinet approved an amendment
in the FPSC Ordinance to slash the Commission's authority to allow
contract appointments against civil posts beyond two years. The
proposed amendment, yet to be tabled before the parliament, was
sought after the Commission's consistent refusal to issue NoC
to even retired generals. At least six officials including Maj
Gen (r) Agha Masood, DG Post Office; Brig (r) Maqsoodul Hasan,
DG federal education directorate; Dr Fazle Hadi, ED PIMS; Chairman
NADRA Brig (r) Saleem; Aziz Khan, Pakistan's High Commissioner
in India etc were given extensions in their contract beyond two
years in violation of the FPSC ordinance and without getting NoCs
from the FPSC.
* In August this year, the Establishment Division initiated yet
another proposed amendment in the FPSC Ordinance aimed at slashing
the tenure of the Chairman and Members of the FPSC from existing
five years to three years. This is being done to "sort out"
the chairman FPSC, who is also the chairman of the CSB, for not
dancing to the government's tunes. Relations between the chairman
and the government are really tense after the former refused to
flex rules for the "blue-eyed boys".
* During the last 12 months many of the retiring federal secretaries
were re-employed in contrast to the government's strict policy
on re-employment. This massive re-employment has disappointed
the civil bureaucracy as the serving lot sees their career prospects
diminished because of excessive intrusion of outsiders against
their cadre posts.
Pakistan is in dire need of strong civilian institutions that
could deliver to the masses without any fear or pressure, Abbasi
reported. “This kind of institution building is only possible
if we start respecting law. And law can only be respected and
upheld when rulers act according to the law. Otherwise we will
continue to have the rule of the jungle.”