Hasnain Yousaf is learnt to have moved the apex court against the Foreign Office decision of recalling him to the country. He says in his application that the decision of the Foreign Office was a sheer violation of the court's judgment of November 12, 2012 in the Anita Turab case. He states that the Para-22 of the said judgment detailed that when the ordinary tenure for a posting had been specified in the law or rules made thereunder, such a tenure must be respected, it could not be varied, except for compelling reasons, which should be recorded in writing and were judicially reviewable.
The petition states the orders of the Ministry of Foreign Affairs were also not in accordance with the posting/transfer policy for the missions abroad, contained in Establishment Secretary's DO letter No 1/24/78, CP of September 30, 1978, which stipulated that transfer between Pakistan and foreign countries should be made only after three years.
The applicant contends that for a premature recall, the approval of the Establishment Division was required. “Moreover, three months notice should be given to government servants enabling them to plan their affairs for return to Pakistan. In this case, the officer was not given this mandatory time even,” he adds in his application.
The Ministry of Foreign Affairs recalled its diplomat from Pakistan Embassy in Switzerland capital of Berne, a diplomatic mission, which had acquired significance against the backdrop of a letter to the Swiss authorities for reopening the graft cases against President Zardari.
The Pakistan Embassy in Berne remains the focal government authority for any official interaction with the Swiss authorities in case the interim government or the future political dispensation decides to pursue these cases.