ISLAMABAD - The Supreme Court Monday dismissed the government’s petition against the order of Islamabad High Court (IHC), which had reinstated Rashid Ahmed as Chairman Pakistan Electronic Media Regulatory Authority (Pemra).
A two-member bench of the apex court comprising Justice Nasirul Mulk and Justice Ejaz Afzal Khan disposed of the petition and ruled that let the IHC decide the instant matter pending with it.
“We cannot make any observation at this stage and we would also refrain from passing any comments as the instant matter is pending with Islamabad High Court,” Justice Mulk ruled while disposing of the government petition.
The government petition challenged the Islamabad High Court order by restoring Chaudhry Rashid Ahmed as Chairman Pemra.
The government had sacked Rashid Ahmed as Chairman Pemra and Rao Tehseen Ali Khan was given the charge to look after the affairs of Pemra.
Chaudhry Rashid Ahmed, however, challenged his removal in Islamabad High Court, which on December 16 declared the notification of his sacking null and void and restored him to his position till disposal of his petition.
Similarly, Chaudhry had also filed a contempt of court case in Islamabad High Court which is still pending before the court.
The government however, last week challenged Islamabad High Court’s order of December 16, reinstating Rashid as chairman Pemra terming it violation of Articles 4,9, 10-A and 25 of the constitution.
Hafiz S A Rehman, counsel for the government, during the proceeding submitted that the Islamabad High Court passed 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 violative of Article 4, 9, 10-A and 25 of the constitution.
He submitted that case pertaining to non-transparent appointment of Chaudhry Rashid Ahmed is also pending before Islamabad High Court. He said that the court first decided the matter pertaining to his removal without hearing to the government’s point of view.
Wasim Sajjad, counsel for Rashid, informed the court that contempt of court petition of his client was also pending before Islamabad High Court and the court after hearing the petition on Monday adjourned further proceedings till today (Tuesday).
Rashid Ahmed had filed a contempt petition in Islamabad High Court, seeking contempt proceedings against the officials for not complying with the court’s order.
In its petition, the government while challenging the order of December 16 of Islamabad High Court had contended that the appointment of Rashid as chairman PEMRA was absolutely without any legal justification, misconceived and not tenable in law as his appointment being non transparent without any open competition and void ab initio could not be sustained.
It had argued that the interim order, passed by the IHC judge had resulted in disturbing the normal functions of Pemra and the IHC had no jurisdiction under Article 199 to pass that order because Rashid Ahmad was being governed by non statutory rules
It prayed to the apex court to set aside the impugned order of the Islamabad High Court, passed in the chamber for being not maintainable in the eyes of law.