The Supreme Court (SC) has rejected government plea seeking suspension of interim injunction of Islamabad High Court (IHC) on restoration of Pakistan Electronic Media Regulatory Authority (PEMRA) Chairman Chaudhry Rashid Ahmad and directed it to resort to the IHC.
The SC has ruled in its orders that original case is still pending hearing in IHC. A petition on non-implementation of court’s orders and withdrawal of court’s orders has also been filed. The order was issued by a two-member bench of the SC on Monday.
Wasim Sajjad appeared on behalf of the PEMRA chairman while Hafiz SA Rehman represented the federal government.
Rehman said Ahmad was appointed the PEMRA chairman by the Prime Minister (PM) on January 26. The PM cancelled his appointment on the advice of the Law Ministry keeping in view court orders. A Notification in this regard was issued on December 16 and Rao Tehsin Ahmad Khan was appointed acting chairman who took over the charge of the office the same day.
The court issued interim order on restoration of chairman PEMRA on December 16. It was said in the order he was appointed chairman for a stipulated period, therefore, notification can not be issued against him.
Rehman said he had approached the court against the interim order of IHC which may please be suspended.
Justice Nasirul Mulk remarked “If we suspend the order then SC will have to give final decision of this case and this matter will not remain under IHC.”
Counsel said the he is not praying for deciding the case on merit. New person has taken over charge in this case. Notification on termination of services of chairman has been suspended at present. Two chairmen are working this time, therefore, administrative difficulties are being faced. Additional charge has been handed over. Whosoever has to monitor daily working has not been made respondent in IHC. This is a new situation.
Justice Mulk observed “This is not a new situation. You have given only additional charge to monitor the daily matters to the person who is already working.”
He also said, “The petition is still pending hearing. IHC has issued interim relief now. You cannot move SC unless IHD issues final decision. We cannot accept petition for interim relief as chairman PEMRA petition is still pending hearing. Give these arguments before IHC.”
Separately, the Islamabad High Court rejected requests by the acting PEMRA chairman and the Establishment Division secretary, seeking exemption from court proceedings in a contempt of court case.
Justice Riaz Ahmed heard the contempt of court case, filed by the PEMRA head during which the court remarked that if the orders were not implemented, court would take action.
Justice Ahmed remarked that court orders would have to be obeyed even if they appeared illegal.
On this occasion, respondents requested exemption from the court proceedings, which was turned down, and acting PEMRA Chairman Rao Tehsin, the Establishment Division secretary were asked to appear again on Tuesday (today).
