SC reserves judgement in FST status case
By Adnan Rafique

ISLAMABAD—A three-member bench of the Supreme Court Friday reserved judgment in the Federal Services Tribunal status case.
Federal Deputy Attorney General Nahida Mehboob Elahi appeared before the court and submitted material amd details about the status of the FST after inquiring from all the concerned departments.
The SC bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice M.Javed Buttar and Justice Raja Fayyaz Ahmed heard arguments of counsels who appeared before the court in different cases related to service matters. The court expressed displeasure over non-execution of decisions of the Federal Services Tribunal.
The Bench raised many questions regarding the status of the Federal Services Tribunal (FST) and directed the Deputy Attorney to convey the same to Attorney Genera Makhdoom Ali Khan who was out of city on Friday.
Asking whether the status of FST was judicial or executive, the bench observed that if it was judicial then why appointments of members of the Tribunal were not being made with the consultation of the Chief Justice. The Chief Justice emphasized the need to decide about the status of the Tribunal once for all in order to pave the way for implementation of its decisions.
The Deputy Attorney General apprised the court of the present status of the FST and said that the government had already been considering amendments in the relevant laws.
Nahida Mehboob Elahi said, "Administrative courts areregulated by law and Parliament had made the law and will of the Parliament on legislation is to be respected. If any change has to be brought it has to be brought through the Parliament. Courts can make recommendations to bring amendment."
Presenting his point of view on the request of the court regarding status of FST, advocate Muhammad Akram Sheikh said Tribunals should have powers to implement their orders and judgements. Sheikh said Tribunals must perform judicial and not administrative functions.
"In my view, these Tribunals are performing judicial functions because ultimate controlling authority is Supreme Court having appellate/supervisory powers to confirm/set aside and remand a case," he said. Advocates Ibrahim Satti, Gull Zarin Kiayani and Naeem Bukhari also assisted the court on the issue of status of the FST as well as issue on non-implementation of decisions of the Tribunal.