Published On: Tue, Dec 24th, 2013
Published in Category: Islamabad

SC rejects govt plea seeking suspension of IHC interim order on restoration of chairman PEMRA

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ISLAMABAD: Supreme Court (SC) has rejected government plea seeking suspension of interim injunction of Islamabad High Court (IHC) on restoration of Chaudhry Rashid Ahmad, chairman Pakistan Electronic Media Regulatory Authority (PEMRA) and directed it to resort to IHC on this count.

The SC has ruled in its orders that original case is still pending hearing in IHC. Petition on non implementation of court’s orders and withdrawal of court’s orders has also been filed. IHC is going to hear the contempt of court plea from chairman PEMRA today, therefore, SC is not entitled to hear it in the prevailing situation nor will it interfere therein. SC can be resorted to after the final decision of high court.

The order was issued by a 2-member bench of SC presided over by the Justice Nasir ul Mulk here Monday.

Wasim Sajjad appeared on behalf of chairman PEMRA while Hafiz S A Rehman represented federal government in the court.

Hafiz S A Rehman said that Rashid Chaudhry was appointed chairman PEMRA by Prime Minister (PM) on January, 26, 2013 The PM cancelled appointment of Chaudhry Rashid on the advice of law ministry keeping in view court’s orders. 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 cannot be issued against him.

Hafiz S A Rehman said he had approached the court against the interim order of IHC which may please be suspended.

Justice Nasir ul 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.

Learned 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 Nasir ul 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

Justice Nasir ul Mulk remarked “ 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.
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