ISLAMABAD: The Islamabad High Court set aside the sacking of Chaudhry Rashid Ahmad and reinstated him as chairman of the Pakistan Electronic Media Regulatory Authority (Pemra) on Thursday.
In his judgment, Justice Riaz Ahmad Khan also declared null and void the appointment of Rao Tehsin as acting chairman of Pemra.
The court observed that the government had the power to terminate the contract of Pemra chairman, but no one should be condemned unheard.
The government sacked Mr Ahmad on Dec 15. He obtained a stay order from the court for his temporary reinstatement, but he could not resume his duties because the government did not withdraw the notification about the appointment of Rao Tehsin as acting Pemra chief.
Barrister Wasim Sajjad, the counsel for Mr Ahmad, argued before the court that his client was neither given a show-cause notice nor was any inquiry conducted before his dismissal.
He said that Mr Ahmad belonged to the information group and his entire career involved interaction with the media. He said the petitioner was appointed as Pemra chairman when a petition related to the appointment of Dr Abdul Jabbar as acting chairman was pending before the Supreme Court and the government submitted before the court that a process for selection of a suitable person as new Pemra chief had been started.
During the process seven people, including the petitioner, were short-listed and the minister for information and broadcasting finalised names of Dr Abdul Jabbar, Ghulam Murtaza Solangi and Rashid Ahmad for submission to the prime minister.
Barrister Sajjad said that after the approval of the prime minister on Jan 25, the president approved the appointment of Mr Ahmad as Pemra chief.
Advocate Afnan Karim Kundi, the counsel for Pemra, argued that there was no mention in the Pemra ordinance of an inquiry or a show-cause notice before the sacking of the chairman.
He informed the court that a corruption reference of Rs28 million against Mr Ahmad was pending with the National Accountability Bureau.
Advocate Kundi said that being the information secretary, Mr Rashid himself moved a summary for his appointment and removed the part from the summary where the establishment division had noted its objection against his appointment as Pemra chairman.
Hafiz S.A. Rehman, counsel for the federal government, informed the court that the summary moved for the appointment of Pemra chairman on January 26 was against rules and regulations.
He said that despite having been rejected by the establishment division, the summary was approved.
