LAHORE: The Lahore High Court (LHC) has suspended a notification by the federal government transferring administrative control of five regulatory bodies to their respective line ministries.

At a hearing on the matter on Tuesday, LHC Chief Justice Syed Mansoor Ali Shah observed that the prime minister should have sought approval from the Council of Common Interests (CCI) before issuing the notification.

The government had issued the notification on Dec 19, placing the control of the National Electric Power Regulatory Authority (Nepra), Oil and Gas Regu­latory Authority (Ogra), Pakistan Telecommu­nica­tion Authority (PTA), Public Procurement Regulatory Authority (PPRA) and Frequency Allocation Board (FAB) under their respective ministries.

Know more: Five regulatory bodies placed under ministries concerned

Pakistan Tehreek-i-Insaf secretary general Jahangir Tareen and a citizen, Ali Irfan, had filed identical petitions in this regard.

Advocate Sheraz Zaka, the lead counsel for the petitioners, argued that under the law it was mandatory for the government to seek an approval from the CCI before transferring the control of autonomous regulatory authorities to their respective ministries.

He said that in many judgements the Supreme Court had declared approval from the CCI a mandatory provision for this purpose.

Advocate Zaka pointed out that on the one hand the government was involved in the production and transmission of electricity, and on the other, it wanted to assume the role of a regulator.

Similarly, he said, placing the PTA and the FAB under the control of the Ministry of Information Technology and Telecom, the PPRA under Ministry of Finance and Ogra under Ministry of Petroleum and Natural Resources, was a case involving conflict of interest. The lawyer requested the court to set aside the notification.

A deputy attorney general argued that the approval of CCI was not necessary as the cabinet had approved the measure.

In his remarks, Chief Justice Shah said that the rule of law was indispensable as the prime minister should have sought approval of the CCI before issuing the notification. He suspended the notification and sought appearance of the attorney general for Pakistan at the next hearing.

Published in Dawn, February 22nd, 2017

Opinion

Editorial

A turbulent 2023
12 May, 2024

A turbulent 2023

PAKISTAN faced a tumultuous year in 2023 marked by severe economic distress and a sharp erosion of civil liberties....
A moral victory
12 May, 2024

A moral victory

AS the UN General Assembly overwhelmingly voted on Friday in favour of granting Palestine greater rights at the...
Hope after defeat
12 May, 2024

Hope after defeat

ON Saturday, having fallen behind Japan in the first quarter of the Sultan Azlan Shah Cup final, Pakistan showed...
Taxing pensions
Updated 11 May, 2024

Taxing pensions

Tax reforms have failed to deliver because of distortions created by the FBR bureaucracy through SROs, apparently for personal gains.
Orwellian slide
11 May, 2024

Orwellian slide

IN recent years, Pakistan has made several attempts at introducing an overarching mechanism through which to check...
Terror against girls
11 May, 2024

Terror against girls

ONCE again, the ogre of terrorism is seeking the sacrifice of schoolgirls. On Wednesday, just days after the...