PMO overrules ministry on CCP pick

Chooses alternate candidate, bypasses established procedures

ISLAMABAD:

The Prime Minister's Office (PMO) has overruled the finance minister-led selection committee's proposal to appoint a principal candidate as a member of the Competition Commission of Pakistan (CCP), deviating from established procedures in a move that may lead to legal complications.

In its summary for the PM's office, the finance ministry had submitted a panel of three candidates with a condition that the two alternate candidates could only be considered if the principal candidate declined. However, the PM's Office rejected the principal candidate without citing a reason and instructed the finance ministry to circulate a summary for cabinet approval, appointing the first alternate candidate, Miss Bushra Naz Malik, as a member of the CCP, a quasi-judicial body, according to official records.

"The Prime Minister has seen and is pleased to approve Miss Bushra Naz Malik, alternate candidate, for consideration by the Cabinet through circulation in terms of Rule 17(1)(b) of the Rules of Business, 1973," reads a correspondence from the PM's Office.

When requested for comment, the prime minister's office declined to provide an official version for this story.

In response to the PM's office instructions, the finance ministry has already moved the summary and is expected to notify Miss Bushra Imam—also with a strong professional background—as the new member of the CCP.

The selection committee, chaired by Finance Minister Muhammad Aurangzeb, had recommended Shaista Gilani, a former CCP member and acting chairperson, as the principal candidate due to her strong credentials, said Ali Pervaiz Malik, the Minister of State for Finance. However, the PM's office's decision to bypass this recommendation may cause legal challenges for the government.

The CCP is a quasi-judicial body established to ensure competition and fair-trade practices in Pakistan. Its members are appointed for three years against Management Pay Scale-I and are entitled to a chauffeur-driven car, free petrol of up to 430 litres a month, and medical facilities.

The law requires a minimum of five and a maximum of seven members in the Commission, but currently, there are only four members, including the chairman.

The government constituted a selection committee under the Chairmanship of Finance Minister Muhammad Aurangzeb to recommend the panel of three candidates for the approval of the cabinet. The committee was composed of Minister of State for Finance Ali Pervaiz Malik, Deputy Chairman Planning Dr Jehanzeb Khan, Chairman CCP Dr Kabir Sidhu, and Additional Finance Secretary Amjad Mehmood.

"After due consideration, the selection committee has proposed the following panel of candidates, in order of merit, for appointment against one vacant position of Member CCP," according to the selection committee's recommendation. The selection committee recommended Shaista Gilani, former member CCP and acting chairperson of CCP, as the principal candidate, and Bushra Naz Malik and Imran Inayat Butt as alternates.

The committee further recommended that if the principal candidate declined the offer, the next alternate candidate in order of merit should be offered the position. However, Shaista Gilani confirmed to The Express Tribune that she was never contacted by the PM's office, leaving no question of her declining the offer.

The PM's Office, however, bypassed the finance minister's recommendation and ordered the appointment of the alternate candidate as a member of the CCP. The Finance Division had initially proposed that the alternate candidate should only be considered if the principal candidate declined the offer.

Under the Competition Act of 2010 and the Competition Rules, CCP members are appointed based on established procedures, which the PM's Office disregarded by ignoring the recommendations of the selection committee and the Ministry of Finance.

Earlier, Prime Minister Shehbaz Sharif also appointed Rashid Mahmood Langrial as Chairman of the FBR, another selection by the PM's office.

According to official records, the process for appointing a CCP member began in October last year, with 121 applicants. The scrutiny committee found 110 candidates eligible, and the finance minister decided to interview the top five candidates based on merit to ensure transparency and fairness. The selection committee conducted interviews in May this year.

vSubsection 5 of Section 14 of the Competition Act states that no person shall be recommended for appointment as a member unless they are known for their integrity, expertise, eminence, and experience of not less than 10 years.