News
Thursday, December 19, 2013
Govt challenges ‘restoration’ of PEMRA chief by high courtBy Hasnaat Malik
ISLAMABAD: The government has challenged in the Supreme Court the Islamabad High Court’s order for the restoration of Pakistan Electronic Media Regulatory Authority (PEMRA) Chairman Rashid Ahmad to his post.
The government had sacked Rashid Sunday night, but the IHC on Monday declared the notification of his sacking null and void and reinstated him until the disposal of a petition through which he challenged his sacking. On behalf of the government and executive member, PEMRA acting Chairman Rao Tehsin Ali Khan, Hafiz SA Rehman Wednesday filed an appeal against the IHC’s December 16 order regarding the restoration of Rashid Ahmad to his post.
The government has objected that the IHC issued the order without hearing its point of view, without calling for any comments, in ex-parte proceedings, which is violative of principal and natural justice and also of articles 4, 9, 10-A and 25 of the constitution. It further said that the appointment of Rashid Ahmad as PEMRA chairman was absolutely without any legal justification.
The government has asked whether the high court order not amounts to interference in its working and whether Rashid Ahmad is competent to recommend his own name for the appointment of PEMRA chairman. The petition contended that it is a well settled proposition of law that object of passing an interlocutory order as status quo is to maintain the situation obtaining on the date when party concerned approaches the court and not to create a new situation.
“Another well settled principal of legal jurisprudence is that generally a court cannot grant an of the nature, which will amount to allowing the main case without trial/hearing the same,” it added. “The pursuant of the notification of appointment of petitioner No 3 (Rao Tehsin Ali Khan) to look after the day to day work of office chairman PEMRA till appointment of regular incumbent, admittedly, the respondent (Rashid Ahmad) was not in office on December 16, 2013, when the impugned order was passed and also when the constitutional petition was filed.”
Courtesy www.dailytimes.com.pk