Pensioners case: Individuals, entities must implement court order: SC

ISLAMABAD: The Supreme Court (SC) Friday observed that individuals or entities had no choice but to implement its judgment, as doing so upholds the Constitution, strengthens democracy, and preserves the public’s trust in justice and rule of law.

A three-member bench of the apex court, headed by Syed Mansoor Ali Shah and comprising Justice Athar Minallah and Justice Malik Shahzad Ahmed Khan, issued its written order in the hearing held the other day in a matter related to the pensions of National Bank employees.

“Our Order dated 01.07.2024 records that the President, National Bank of Pakistan (NBP), who appeared before this Court, acknowledged that 11,000 pensioners or more have to be paid pension in pursuance to the judgment of this Court dated 25.09.2017,” says the order.

The court noted that the counsel for NBP submitted that 764 pensioners had been paid and payment to the rest of the pensioners was underway.

The court noticed that while processing cases of the pensioners for payment of pension as per the judgment of this court certain factual verification of some of the pensioners was required.

“We don’t want this Court to be burdened with this exercise, which is primarily the function of NBP,” says the order.

In order to streamline the process, the court directed the president National Bank of Pakistan to depute a senior officer of NBP as a focal person to ensure the implementation of the court judgment dated 25.09.2017 in letter and spirit.

“The Supreme Court of Pakistan, as the apex judicial body, is entrusted with the profound responsibility of interpreting the law, ensuring justice, and upholding the Constitution,” says the order adding that its orders were not merely recommendations or advisories; they are legal mandates that must be followed.

To disregard or delay the implementation of such verdicts is to challenge the very framework of our legal system”, the court held adding that the compliance with judicial decisions was not a matter of courtesy but a constitutional requirement that safeguards this balance.

“Non-compliance not only disrupts this delicate equilibrium but also sets a dangerous precedent that could lead to executive overreach,” the court held adding that the implementation of these orders was crucial for maintaining public confidence in the judicial system.

The court further held that if their decisions could be easily ignored or sidestepped by the individuals or entities, it undermines public trust in the efficacy of the judiciary and, by extension, the entire government.

“The importance of implementing these orders cannot be overstated, and it is imperative that the institutions recognize that it has no other choice but to comply,” the court further held. The court held that the law of contempt was a critical tool in this context adding that it served to enforce court orders, ensuring that the judiciary was respected and that its decisions were not taken lightly. “The power to hold individuals or entities in contempt for failing to comply with a Court order is fundamental to the judiciary’s ability to function effectively,” said the written order.

The court further held that without this power, the judiciary would be rendered toothless, unable to enforce its decisions, thereby jeopardizing the administration of justice. Let the said nominee, keep this constitutional understanding in mind and expeditiously implement the judgment of this Court by ensuring that the pensioners are fully paid at the earliest and submit a compliance report before the next date of hearing,” the court concluded and adjourned further hearing until October 15, 2024.