ISLAMABAD: The Supreme Court on Monday asked the federal government to assist it in determining whether the Pakistan Broadcasters Association (PBA) should become a party in an appeal against the Islamabad High Court (IHC) verdict.

The IHC in its verdict on July 15 suspended a notification issued by the government on June 24, appointing Pervez Rathore as Pemra’s acting chairman and Kamaluddin Tipu as its member.

The appeal was moved by the federal government as well as some members of the Pakistan Electronic Media Regulatory Authority (Pemra).

A two-judge Supreme Court bench, comprising Chief Justice Nasirul Mulk and Justice Mushir Alam, issued notices to the federal government.

When the court took up the appeal, Irfan Qadir, the PBA counsel, informed the court that he had moved an application to become a party on behalf of the PBA which was a representative body of all television channels in the country.

Federal government filed appeal against IHC’s July 15 verdict

He argued that he had filed the application keeping in view that if the Supreme Court issued an adverse order in the absence of the PBA it would badly affect the association.

He also emphasised that the PBA would be defending the high court decision suspending the appointment of Mr Rathore and Mr Tipu.

However, the court observed that the PBA was not a party during the litigation in the high court.

Advocate Mehmood A. Sheikh, representing Mr Rathore, an appellant along with the federal government against the high court order, also opposed allowing the PBA to become a party in the case.

He said the association should approach the high court if it had any grievance against its decision. But the Supreme Court issued notices to the federal government for August 7.

The federal government maintained that the high court had passed its order in haste particularly when the petitioners had sought relief and not suspension of the two individuals.

Suspending the appointment, which was confirmed by the president on June 24, was unwarranted, it contended.

The appeal added that without the chairman the working of the regulator had severely been hampered.

Besides, the high court order showed a lack of appreciation of the crucial role Pemra plays as a state apparatus.

The appeal said when Pakistan was at war with terrorists and militants the smooth functioning of the regulator was the need of the hour.

“The high court order was passed in disregard to all these valid and just considerations and deserves to be set aside,” the appeal said.

Published in Dawn, Aug 5th, 2014