ISLAMABAD: A recent order of a court has blocked the Pakistan Muslim League-Nawaz (PML-N) government’s plan to appoint its ‘blue eyed’ boys at the top of organisations having annual budgets of multi-billion rupees.

The government issued a notification on Jan 13 for making direct appointments in 23 key organisations and exempted them from the notification that the establishment division had issued on July 22 last year for making appointments in the public sector organisations in accordance with directives of the Supreme Court in the Khawaja Asif case.

The Islamabad High Court (IHC) on April 18 suspended the Jan 13 notification which had empowered the government to make appointments in accordance with the whims of politicians and by dodging directives of the top court.

The establishment division issued the notification after the apex court decided on June 12 last year on a petition filed by PML-N leader Khawaja Asif against the postings/transfers made by the caretaker set-up prior to the May 11 elections. The Supreme Court directed the government to constitute a commission for appointments in statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory authorities as well as in government-controlled corporations, autonomous and semi-autonomous bodies, etc.

However, when the PML-N government started appointing heads of public sector organisations in the alleged violation of the SC’s judgment it received widespread criticism. Petitions have also been filed in superior courts for filling the vital positions in a transparent manner.

In the January notification issued with the approval of Prime Minister Nawaz Sharif, the organisations excluded from the earlier notification of July 22 are: National Electric Power Regulatory Authority (Nepra), Oil and Gas Regulatory Authority (Ogra), Public Procurement Regulatory Authority (PPRA), Pakistan Telecommunication Authority (PTA), Trade Development Authority (TDAP), State Life Insurance Corporation, Competition Commission of Pakistan, Securities and Exchange Commission of Pakistan, Pakistan Agriculture Research Council, Pakistan Medical and Dental Council, Drug Regulatory Authority of Pakistan, Evacuee Trust Property Board, Engineering Development Board, Pakistan Industrial Technical Assistance Centre, Small and Medium Enterprises Development Authority, State Cement Corporation, National Database and Registration Authority (Nadra), Pakistan Electronic Media Regulatory Authority (Pemra), Lok Virsa, National Telecommunication Commission (NTC), Telecom Foundation, Pakistan Baitul Maal, and Alternative Energy Development Board (AEDB).

It may be mentioned that a month before the issuance of Jan 13 notification for making direct appointments in the above-mentioned organisations, the government had sacked chairmen of key organisations namely Tariq Malik from Nadra and Chaudhry Rashid Ahmed from Pemra, the electronic media’s watchdog.

IHC Justice Shaukat Aziz Siddiqui on April 18 while hearing the petition filed by Barrister Dawood Ghazanavi held that “the impugned notification of January 13, 2014 shall remain suspended”.

The petition filed by Mr Ghazanavi alleged that the federal government had tried to dodge the directives of the Supreme Court for making appointments at the top slot of public sector organisations by excluding the above said companies. He said that the appointments of the ‘blue eyed’ had already caused huge loss to the exchequer and requested the court to declare the Jan 13 notification as illegal in order to ensure merit-based appointments.

The court after a preliminary hearing of the matter sought reply from the secretary establishment and chairman, federal commission for selection of head of public sector organisations, by May 12.

Talking to Dawn, Mr Ghazanavi said that after issuance of the court order, the government cannot appoint its ‘blue eyed’ boys as head of public sector organisations. He claimed that the appointments the PML-N government made had already become subject of judicial scrutiny.

According to him, the court is to decide the fate of the appointment of managing director of Pakistan Television and chairmen of the Competitive Commission of Pakistan, PTA, Pakistan Baitul Maal and some other organisations that the government made allegedly against the directions of the Supreme Court.

Last year, an Islamabad-based lawyer Faisal Iqbal Khan had also filed a petition which is still pending before the court. The petitioner alleged that the previous government of PPP had made political appointments in a number of regulatory bodies and state-owned organisations without following transparent, merit-based procedures. He said the alleged abuse of power had resulted in an estimated 1,800 billion rupees of corruption in the past five years. He requested the court for directing the government to make appointments in a transparent manner and on merit.

A senior government official, on the other hand, said a stay order would further delay the appointments at the top levels in the public sector organisations.

He said the PML-N government was about to make appointments in several organisations after forming its government in May last year but it had to stop the process because the Supreme Court in June 2013 had directed for making appointments through commission.

According to him, the government after thorough deliberations evolved the procedure for making high-profile appointments through a commission but the above said organisations were excluded because these did not fall in the jurisdiction of the said commission. “These organisations are functioning under the Companies Ordinance where the top appointments could only be filled under the procedure laid down in the Company’s Act,” he said.

The official claimed that former attorney general Munir A. Malik had endorsed excluding these 23 organisations from the purview of the commission which was subsequently approved by the prime minister.

Barrister Zaffarullah Khan, federal secretary, law and justice, said the government would present its view before the court on the next date of hearing.

“In my view, the organisations where the appointments can only be made on the discretion of government might make appointments through the commission,” he said. However, “where the appointments can be made under a statute or company’s law the involvement of the commission would not be appropriate”.