ISLAMABAD: The Islamabad High Court (IHC) on Thursday summoned the secretary to the prime minister in a contempt petition for failing to comply with an order related to placing of five regulatory authorities under their relevant ministries.

Justice Athar Minallah summoned Secretary to the Prime Minister Fawad Hasan Fawad and Joint Secretary Cabinet Division Dr Ikram A. Khan to “explain as to why proceedings may not be initiated against them under the Contempt of Court Ordinance 2003.”

The court has suspended a June 6 notification placing the Oil and Gas Regulatory Authority, National Electric Power Regulatory Authority, Pakistan Telecommunications Authority, Public Procurement Regulatory Authority and the Frequency Allocation Board under their relevant ministries.

Action taken over non-implementation of court order on regulators

In the other, Justice Minallah directed the respondents to place in the record a copy of the summary that led to the issuance of the June 6 memorandum, apparently in violation of a March 27 court judgment. The court also directed the respondents to submit written explanations within three weeks.

On March 27, Justice Minallah set aside a government notification that placed the aforementioned authorities under the relevant ministries.

The court order issued on Thursday said the rule existed prior to the issuance of the purported notification of Dec 19, 2016. “Despite the judgment of this court, the federal government has issued a memorandum, dated June 6, 2017,” the order read.

Justice Minallah noted that the issuance of the memorandum on June 6 prima facieappeared to be willful flouting and disregarding of the court’s previous judgment.

In the March 27 judgment, Justice Minallah said it was “unambiguously” held that action taken or a notification issued by the federal government without seeking approval from the Council of Common Interests (CCI) in relation to any administrative arrangement of the regulatory authorities shall be void, without jurisdiction and legal effect.

“The approval of the Council of Common Interests is mandatory for any decision regarding placement of the regulatory authorities under Ministries/Divisions,” Justice Minallah stated.

He added that the June 6 memorandum was void and a nullity in light of the law enunciated by the court in the March 27 order.

The order came in response to a petition filed by a worker of the Pakistan Justice and Democratic Party, which sought contempt of court proceedings against the secretary to the prime minister and Cabinet Division joint secretary for issuing a notification placing the authorities under the ministries.

The petitioner adopted before the court that he had learnt that the respondents had reissued the notification with slightly changed wording on the same subject – the control and supervision of independent regulatory bodies – without a decision, approval or consent from the CCI.

“No decision or approval of the CCI has been obtained by the respondents as is required under the Constitution and the order of this court,” the petition stated.

The petitioner’s counsel asked the court to initiate proceedings against the respondents and to suspend the June 6 notification.

Published in Dawn, June 23rd, 2017