ISLAMABAD: Islamabad High Court (IHC) on Tuesday summoned the summary moved for the appointment of Chaudhry Rashid Ahmed as chairman Pakistan Electronic Media Regulatory Authority (Pemra) and an inquiry report on his sacking in April 2014.

A two-member division bench comprising Justice Athar Minallah and Justice Amir Farooq, hearing an intra court appeal against the reinstatement of Chaudhry Rashid as Pemra chairman, sought this record after the federal government’s counsel Additional Attorney General (AAG) Afnan Karim Kundi alleged that he manoeuvred the process of his appointment in January 2013.

AAG Kundi informed the bench that after the Supreme Court in 2012 ordered for the removal of Dr Abdul Jabbar, the then acting chairman Pemra, Chaudhry Rashid, then secretary information and broadcasting, through his subordinate director general (DG) sent names of seven ‘suitable’ persons who could be appointed as chairman Pemra.

“His subordinate placed Chaudhry Rashid at the top of the list and other nominees included Yousaf Baig Mirza, former managing director Pakistan Television, and Murtaza Solangi, the then DG Pakistan Broadcasting Corporation,” the AAG said.

He said that the information ministry shortlisted three individuals with Chaudhry Rashid’s name still at the top. He added that the two others were Mr Solangi who was a contractual employee and Dr Jabbar whose appointment as acting chairman Pemra was struck down by the apex court.

He further said that according to Pemra laws, the chairman could not retain any other position in a government or private organisation but Mr Rashid remained in the civil service even after assuming charge.

Barrister Wasim Sajjad, Chaudhry Rashid’s counsel refuted AAG Kundi’s allegation and said that soon after his appointment as Pemra chairman, his client relinquished charge of secretary information and broadcasting.

The AAG on the other hand claimed that despite relinquishing charge of secretary information, Rashid remained in the civil service until his retirement in the month of March 2013.

The single member bench of the IHC comprising Justice Noorul Haq N. Qureshi on May 25, 2015 reinstated Chaudhry Rashid while observing that prior to his sacking Rashid was only given seven days to face the inquiry constituted to examine his alleged ‘misconduct’ and was denied access to certain documents.

AAG Kundi said that the federal government constituted an inquiry committee to probe misconduct charges against Pemra chairman. He said that the committee summoned him on February 26 and March 6, 2014 to record his statement but he refused to appear. The AAG claimed that the record in question was also made available for Chaudhry Rashid but he did not bother to examine it.

He pointed out that the apex court in identical matters declared promotions and appointment of several government officials illegal. According to him, Chaudhry Rashid’s appointment had been made in an unlawful and dubious manner therefore the court may set aside the order regarding his reinstatement.

Wasim Sajjad pointed out that the judges in the superior judiciary were also appointed by the president but there is certain procedure for their removal.

He suggested that the court summon the then information minister who endorsed the summary for the appointment of Chaudhry Rashid.

However, the court directed the federal government to provide summaries, inquiry report against Chaudhry Rashid and other related record and adjourned hearing until Wednesday.

Published in Dawn, June 3rd, 2015

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