Stay granted: Islamabad High Court reinstates PEMRA chief
Suspension of Chaudhry Rashid’s sacking a replay of NADRA chairman’s reinstatement.
According to the President’s office, the appointment of Chaudhry Rashid was neither open nor transparent. PHOTO: APP/FILE
ISLAMABAD:
A day after his unceremonious sacking by the president, the Pakistan Electronic Media Regulatory Authority (PEMRA) chairman, Chaudhry Rashid Ahmed, was reinstated by the Islamabad High Court (IHC). Justice Riaz Ahmed Khan of the IHC suspended the termination notification of the Pemra chairman and granted a stay order.
On Sunday, President Mamnoon Hussain had removed Rashid on the advice of the Prime Minister, declaring his appointment illegal.
This was the second time the IHC overturned the sacking of a chief of a constitutionally established body. The National Database and Registration Authority (NADRA) chairman, Tariq Malik, was similarly removed from office but reinstated within hours by the IHC a couple of weeks ago.
On Monday, the IHC issued a notice to the secretaries of the ministry of information and broadcasting, establishment division, Pemra as well as its executive member Tehsin Ali Khan and sought their replies.
According to the President’s office, the appointment of Chaudhry Rashid was neither open nor transparent. As the information secretary and a serving government employee, he had initiated a summary proposing himself as a candidate for the Pemra chairman post, which is an appointment without merit, said the notification.
Rashid challenged his termination in the court through his counsel, Waseem Sajjad, who argued that his client’s sacking was illegal as it goes against the Pemra Act, 2007.
“The chairman and members, unless earlier removed for misconduct or physical or mental incapacity, shall hold office for a period of four years and shall be eligible for reappointment for a similar term or as the government may determine,” reads Section 7 of the Act.
Rashid was appointed chairman of the government’s media watchdog on January 26 by the former president Asif Ali Zardari. His counsel argued that Rashid was fired without issuing a show cause notice before time and without an opportunity to justify his position.
Sajjad argued that his client was appointed following the directives of the Supreme Court as it had asked the government to fill the post as per Section 6 of the Pemra Act.
The apex court had ruled for a replacement when it barred the then acting Pemra chairman, Dr Abdul Jabbar, from holding office.
The counsel informed the court that among seven names shortlisted for the chairman post, three were finalised by the information ministry and the summary was sent to the prime minister in which Rashid’s name was already mentioned. The Pemra chairman denied that he himself had initiated the summary.
After the preliminary hearing, the court granted a stay order and adjourned the proceedings until the next date to be decided by the registrar.
Federal Minister for Information Pervaiz Rashid has said that PEMRA Chairman Rashid Ahmad has been removed from his post due to illegal appointments and a violation of guidelines. Reacting to the restoration of the chairman to his post, he said illegal appointments by the chairman and other facts were not brought before the court.
Published in The Express Tribune, December 17th, 2013.
A day after his unceremonious sacking by the president, the Pakistan Electronic Media Regulatory Authority (PEMRA) chairman, Chaudhry Rashid Ahmed, was reinstated by the Islamabad High Court (IHC). Justice Riaz Ahmed Khan of the IHC suspended the termination notification of the Pemra chairman and granted a stay order.
On Sunday, President Mamnoon Hussain had removed Rashid on the advice of the Prime Minister, declaring his appointment illegal.
This was the second time the IHC overturned the sacking of a chief of a constitutionally established body. The National Database and Registration Authority (NADRA) chairman, Tariq Malik, was similarly removed from office but reinstated within hours by the IHC a couple of weeks ago.
On Monday, the IHC issued a notice to the secretaries of the ministry of information and broadcasting, establishment division, Pemra as well as its executive member Tehsin Ali Khan and sought their replies.
According to the President’s office, the appointment of Chaudhry Rashid was neither open nor transparent. As the information secretary and a serving government employee, he had initiated a summary proposing himself as a candidate for the Pemra chairman post, which is an appointment without merit, said the notification.
Rashid challenged his termination in the court through his counsel, Waseem Sajjad, who argued that his client’s sacking was illegal as it goes against the Pemra Act, 2007.
“The chairman and members, unless earlier removed for misconduct or physical or mental incapacity, shall hold office for a period of four years and shall be eligible for reappointment for a similar term or as the government may determine,” reads Section 7 of the Act.
Rashid was appointed chairman of the government’s media watchdog on January 26 by the former president Asif Ali Zardari. His counsel argued that Rashid was fired without issuing a show cause notice before time and without an opportunity to justify his position.
Sajjad argued that his client was appointed following the directives of the Supreme Court as it had asked the government to fill the post as per Section 6 of the Pemra Act.
The apex court had ruled for a replacement when it barred the then acting Pemra chairman, Dr Abdul Jabbar, from holding office.
The counsel informed the court that among seven names shortlisted for the chairman post, three were finalised by the information ministry and the summary was sent to the prime minister in which Rashid’s name was already mentioned. The Pemra chairman denied that he himself had initiated the summary.
After the preliminary hearing, the court granted a stay order and adjourned the proceedings until the next date to be decided by the registrar.
Federal Minister for Information Pervaiz Rashid has said that PEMRA Chairman Rashid Ahmad has been removed from his post due to illegal appointments and a violation of guidelines. Reacting to the restoration of the chairman to his post, he said illegal appointments by the chairman and other facts were not brought before the court.
Published in The Express Tribune, December 17th, 2013.