ISLAMABAD - Dismissing the Islamabad High Court order the Supreme Court Monday restored Pervez Rathore as acting chairman Pakistan Electronic Media Regulatory Authority and Kamal Uddin Tipu as member Pemra.
A two-member bench of the apex court comprising Chief Justice Nasirul Mulk and Justice Ameer Hani Muslim allowed the appeal of the federation against the Islamabad High Court’s verdict.
The Islamabad High Court (IHC) on 15th July 2014 had suspended the notifications pertaining to the appointments of Rathore as acting chairman and Tipu as executive member Pemra.
Mian Shams, Israr Abbassi and Fariha Iftikhar, members Pemra, had challenged the appointment of Rathore and Tipu in the Islamabad High Court under the Pemra ordinance, saying the notifications were issued in violation of the Pemra rules as the appointing authority is the president of Pakistan. The federation had filed the appeal against the IHC order.
During the proceedings, the court ruled that the respondents may approach the IHC and file an application with it and the learned high court should hear the case and decide it on merit after hearing the parties concerned.
Mahmood A Sheikh, counsel for the federation, told the court that the IHC did not hear to the federation, adding that the there was no application filed before the IHC for the suspension of the appointment of Rathore as acting chairman Pemra.
He submitted that the government was taking measures for the appointment of permanent chairman Pemra and would do soon. He further informed the court that the president was the competent authority for the appointment of Pemra chairman. However, the notification of appointment of both the officials were issued from the prime minister, which was later on suspended, he added.
Hashmat Habib, counsel for Mian Shams, while appearing before the court submitted that Rathore was not eligible for the post of chairman, saying that his appointment was not made in accordance with law. He further contended that Rathore was not eligible for the post as he had no experience of media.
Israr Abbassi, private member Pemra, argued that there is no provision in Pemra rules under which acting chairman could be appointed and the Supreme Court had already given its ruling in this regard. He said the appointment of Rathore as acting chairman was not made by the competent authority.
Referring to the appointment of Tipu as member PEMRA, Abbasi said that his appointment was illegal as he was a government servant, working in the police department in grade-20.