ISLAMABAD: The Islamabad High Court (IHC) has directed the revenue department to recover Rs197 million from former ministers Pervaiz Rashid, Ishaq Dar, ex-principal secretary to the prime minister Fawad Hassan Fawad and Ataul Haq Qasmi in connection with the latter’s appointment as the PTV chairman which the apex court declared illegal.

The Supreme Court in November 2018 held as illegal Mr Qasmi’s appointment as the chairman and director of Pakistan Television (PTV).

The verdict not only termed Mr Qasmi’s appointment illegal but also held the appointing authorities — then information minister Pervez Rashid, finance minister Ishaq Dar and Mr Fawad — guilty of making the appointment. It also ordered that Rs197.8m be recovered from them.

The court said 50pc or about Rs98.9m of Rs197.8m would be recovered from Mr Qasmi.

Supreme Court in 2018 declared Ataul Haq Qasmi’s appointment illegal, directed recovery of amount paid to him

The former ministers would make payments of 20pc each (about Rs19.7m) for ignoring the law while Mr Fawad would pay 10pc or about Rs0.98m for his failure to act in processing the appointment summary which was person-specific.

Kashif Ali Malik, the counsel for Mr Qasmi, contended before IHC Justice Mohsin Akhtar Kayani, who was hearing execution petitions filed by the PTV management, that the apex court had passed the judgment with the direction to recover the amount from the responsible persons and the IHC could initiate the proceeding for the recovery.

A PTV counsel, on the other hand, contended that the apex court in para-35 of the judgement had directed to recover the amount through the Land Revenue Act 1967 and as such this court had not been directed to get the order executed.

The court noted that the apex court had directed PTV to recover the amount from them in the stated ratio as per the procedure in practice for the recovery of dues.

Advocate Malik contended that the IHC can only exercise the jurisdiction in terms of Article 187.

However, the court noted that SC directions conveyed different meanings as the PTV like any other institution can recover its dues under the law as per Sections 81, 82, 83, 84 of the Land Revenue Act.

Subsequently, the court disposed of the petition with the observations that “all these execution petitions be transmitted to the district collector, ICT, who shall proceed with the recovery of amount as per the directions of apex court by adopting the procedure provided under the law and shall submit report before this court within three months.”

Published in Dawn, December 25th, 2021