ISLAMABAD - The Islamabad High Court (IHC) Tuesday cancelled the appointment of Managing Director (MD) Pakistan Television (PTV) network Mohammad Malick.
A single bench of IHC comprising Justice Shaukat Aziz Siddiqui declared his appointment as null and void and observed that the Ministry of Information had failed to fulfill the legal procedure required for Malick's appointment.
Justice Siddiqui also directed the government to appoint a new MD PTV while adhering to the rules and regulations of the organization and the recommendations of the commission in this regard.
The IHC bench announced the decision while hearing a petition of Qazi Mustafa Kamal, Director Special Assignments PTV, who had challenged the appointment of Malick as MD PTV.
The petitioner cited Secretary Establishment Division, Secretary Information, Mohammad Malick and two others as respondents.
He adopted before the court that Malick was considered despite the fact that he was defaulter of Rs 14.139 million for which no audit certificate from statutory auditor was obtained.
"The respondent No 3 stands disqualify in terms of section 97 (c) or Moemorandum and Articles of Association," he argued.
Previously, the IHC had issued notices to the Establishment and the Secretary Information and had sought their reply within 15 days with regard to the appointment. It was mentioned in the petition that Mohammad Malick did not hold a Master's degree, which was an important requirement of the position.
Therefore, the petitioner requested the court that it may stop Malick to perform the functions and act as MD PTV being recruited through unlawful process of recruitment.
Meanwhile, the ousted Managing Director (MD) of Pakistan Television News Corporation Muhammad Malick and Ministry of Information and Broadcasting have decided to contest the decision of Islamabad High Court that has booted out MD PTV on Tuesday.
Malick is banking on senior advocate of Supreme Court Akram Skeikh and it is expected that instead of going to the Division Bench of IHC, Malick would prefer to file appeal in the Supreme Court, sources close to the ousted MD PTV said. Like Najam Sethi, they said that Muhammad Malick would prefer to move Supreme Court.
Talking to The Nation, the counsel of Information Ministry Advocate Shahid Khokhar said that the ministry would file an appeal against the decision of IHC regarding MD PTV'S appointment after receiving the detailed judgment of the decision. He said it was confirmed that the government would fight the case of Mauhhamd Malick's appointment at every platform.
IHC Judge Shaukat Aziz Siddiqui on Tuesday declared Muhammad Malick's appointment as MD PTV illegal in a single liner decision and detailed judgment would be issued later. Former MD PTV Mustafa Kamal Qazi filed the petition against Malick's appointment after his removal by the Secretary Information Dr Nazir Saeed.
Malick was appointed, as MD PTV on February 27, 2014 by Prime Minister Nawaz Sharif and it was mentioned in his notification that terms and conditions of MD PTV Muhammad Abdul Malick will be settled later. PM appointed him on the recommendation of Lakha commission.
According to sources, Lakha Commission finalised four names for the post of MD, including ex-MD PTV Arshad Khan, Jamal Shah and Muhammad Malick.
Two candidates withdrew from the race and the commission forwarded two names of Muhammad Malick and Jamal Shah for the said post while the government selected Malick for this post.k
Mustafa Qazi took the stance in his petition that Malick was a pure politically appointee and ignored the merit in this regard. He also said that terms and conditions for his appointment were not settled so far.
Sources further informed that PM Nawaz Sharif rejected the summary of Muhammad Malick of paying Rs2.5 million salary per month and instructed the information minister and secretary information that MD PTV post was MP-2 scale then how government can pay Rs2.5 million per month salary to MD PTV. The PM ordered the minister and secretary information to revisit the post and move a fresh summary.