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Friday March 29, 2024

Some information ministry officials misguided court to save their ex-boss

Important documents concealed from IHC, payment of govt lawyer delayed in Pemra chairman’s appointment case

By Ahmad Noorani
June 08, 2015
ISLAMABAD: In a disturbing development, it has been revealed that a group of Information Ministry officers went out of the way to support their former boss (former federal secretary information) recently restored as chairman Pemra and not only hide some crucial documents from the Islamabad High Court (IHC) but also connived to delay the payment of fee to the lawyer engaged for the case.
The IHC recently restored Ch Rashid Ahmad as chairman Pemra for second time. He was sacked by president of Pakistan because of his appointment was illegal and was made on a summary moved by himself in his capacity as federal secretary information. Secretary Information Ch Rashid had moved a summary to appoint himself as chairman Pemra. His appointment was completely illegal and was made in violation of rules and without following of laid-down procedure and criteria by the PPP government. Rashid was appointed in January 2013 during dying days of the PPP, so like many other cases of extremely important government departments, he can be utilised during next four years of his tenure when the appointing political party will not be in power. It is important to mention that the PPP had kept important office of chairman PEMRA vacant for more than three years, like many other important, priced and lucrative offices, so to make an appointment during final days of its regime for obvious objectives.
After Rashid was initially sacked by the president in December 2013 in light with the Supreme Court judgement in Khawaja Asif Case ordering removal of all illegally appointed heads of government organisations, bodies and regulatory authorities, the IHC had restored him declaring that the government should follow proper procedure of sacking a government official. Consequently, The president ordered an inquiry on advice of the prime minister as was directed by the IHC and authorised federal Interior Secretary Shahid Khan as inquiry officer who concluded that massive irregularities and even frauds were committed in the process of appointment of Ch Rashid as Pemra chairman and even during the process of his promotion from grade-21 to grade-22.
However, Ch Rashid moved the IHC again where the case remained pending for several months; judgement also remained reserved for a very long time and was announced after May 20, 2015 ordering restoration of Ch Rashid. A major reason for deciding the case against the government was that Ch Rashid was not given an opportunity of hearing during the process of inquiry. However, this was absolutely wrong and as a matter of fact, the court was kept in dark and some senior officials of the Information Ministry, especially from its law-wing, did not hand over complete record of the inquiry committee to Mehmood A Sheikh, the lawyer representing the Federation in the case before IHC. The record establishes in categorical words that inquiry committee summoned Ch Rashid many times to record his response but he never turned up.
According to official record, Ch Rashid only made one request before the inquiry committee that he should be given access to some official files. The inquiry committee even accepted this demand made by Rashid and informed him to come and examine the record. However, apparently advised by his lawyer to do so, Ch Rashid never turned up before inquiry committee despite many attempts made to give him an opportunity of hearing. The official record established beyond an iota of doubt that his appointment as chairman Pemra was a mere fraud and the inquiry committee recommended the prime minister to advise the president to sack him as his appointment was completely illegal.
In the judgement, the judge also pointed towards Pemra law which gives procedure to sack the authority’s chairman and under which the chairman can only be sacked if he is convicted of some crime involving moral turpitude. But, as a matter of fact, this section can only be
invoked in case if the chairman Pemra was validly appointed under the same law. It is obvious and clear that before invoking this section-7 of Pemra Ordinance, the court will have to declare at first that officer was validly appointed under the law. If the officer was not appoint under relevant law, rules and regulations of the government, the section of law discussing process of his removal will not be considered.
The Information Ministry official ensured that complete record of inquiry committee which shows that Ch Rashid was summoned again and again could not be presented before the court. These officials indulged in politics of service groups and following the “principle of safeguarding officer of their group come what may” also ensured that lawyer engaged by the government could not be given fee in time. While talking to The News, Mehmood A Sheikh, however, declined to comment saying fee was never an issue. In a much disturbing development, however, it was unearthed on Thursday that that some junior officers of the same ministry met junior lawyer of newly appointed lawyer by the federal government in the case and tried to convey him that the government was wrongly pursuing the case and the Information Ministry officials wants Ch Rashid to stay. Reportedly, a similar silent message was indirectly given to lawyers by top most officials of the Information Ministry. The lawyers were totally confused. However, when this scribe contacted different officials of the ministry, majority of them sided with the government stance and said that the inquiry committee submitted a very strong report leaving no doubts that government’s decision was right.
Important parts of the inquiry report submitted by inquiry officer read as: “The president of Pakistan/Authority on the advice of prime minister of Pakistan designated the undersigned as authorised officer on 28th January 2014 for:
a) Serving an approved show cause notice upon Rashid Ahmed, Chairman Pakistan Electronic Media Regulatory Authority (Pemra) on account of acts of omission/commission in terms of section 7 of the Pemra (Amendment) Act 2007; and
b) Grant Rashid Ahmed a personal hearing. c) Report within ten days.
2. The show cause notice was served upon Rashid Ahmed, Chairman Pemra, on 6th February 2014. It inter alia alleged that:-
a) The appointment of Rashid Ahmad as Pemra chairman for four years, while serving as Secretary Ministry of Information and Broadcasting is illegal.
b) Submitting a summary to the prime minister with a panel of three names only and securing appointment of chairman Pemra on the basis of a deficient, disguised, biased and unlawful summary is invalid as per directions of the Supreme Court.
c) The Establishment Division in its comments in the summary highlighted the requirement of a public advertisement. However the summary placed before the prime minister omitted these paras whereby the prime minister was not properly assisted in decision making. No attempt was made to select from a pool of potential talent and selection procedure provided at Sr. No. 140 of Estacode was bypassed.
d) The fact that Rashid Ahmed was approaching retirement within three months was not disclosed as is required in Sr. No. 10 of Estacode.
e) Orders of the Honourable Supreme Court passed In Constitutional Petitions No.104/2012 and 105/2012, which state “that the position of chairman Pemra has to be filled by a person who fulfils the exceptional and stringent requirement prescribed in the Pemra ordinance and not by a casual appointee” were violated.
f) In further violation of Rules of Business, 1973 the notification of appointment as chairman Pemra was issued by the Ministry of Information & Broadcasting by a subordinate of Rashid Ahmed, Secretary Ministry of Information and Broadcasting instead of the Establishment Division.
g) The record revealed that promotion of Rashid Ahmed from BPS-21 to BPS-22 was achieved on the basis of false certificate issued by an Additional Secretary of the Ministry of Information and Broadcasting. Inquiries were pending against Rashid Ahmad in NAB and FIA, however a certificate was issued that no inquiry was pending against the fads.
h) The appointment of Rashid Ahmed as chairman Pemra was initiated and finalised under his own supervision. This process was neither open nor transparent and violated, inter alia, articles 4,9,18 & 25 of the Constitution and Section 6 of the Pemra Ordinance 2002 read with rules 5(9), 11, 15 & 15-A of the Rules of Business, 1973 and the relevant government instructions contained in Estacode as well as specific directions of the Hon’able Supreme Court.
3. Rashid Ahmad replied to the show cause notice without a satisfactory response to material facts of the case (Annex-ll). He could not contravene the reality that the entire exercise of proposing his own name for the position of chairman Pemra while serving as Secretary Information and Broadcasting Division is illegal and amounts to a corrupt practice under Section 9 (a) of the National Accountability Ordinance 1999. His interim reply repeatedly focuses on non issues while falling to address the central charge of manipulating his own appointment without open advertisement and mandatory requirement to offer equal opportunity to eligible aspirants in a self-propelled arid self-serving exercise in negation of public interest.
4. The contention of the show cause notice that the initial appointment is Illegal and all subsequent actions based on an illegal action are therefore invalid, is not addressed nor responded to by quoting any substantial rules or law or evidence to the contrary. Rashid Ahmed has relied on lengthy superfluous arguments in an attempt to digress from the main allegations in the show cause notice.
5. Rashid Ahmed was given two opportunities of personal hearing on 26 February 2014 and 6th March 2014. Rashid Ahmed sought examination of various documents from Establishment Division in support of his defence. The available documents were secured and made available for his examination at a personal hearing date on 26th February, 2014, However, Rashid Ahmad did not appear on 26th February, 2014 or 6th March, 2014, citing writ petition No.314/2014 as the reason.
6. By not appearing for personal hearing on both occasions, Rashid Ahmed violated Islamabad High Court orders in writ petition No 4606/2013 which clearly states that “proceedings may continue against him provided he is given an opportunity for personal hearing”. He also flouted the instant proceedings as per law that allowed him a fair chance of being heard in person twice and examination of record sought by him.
7. The conduct during the preceding of Rashid Ahmed is clearly mala fide as he has not given any substantial explanation for his illegal appointment as Chairman Pemra while himself serving as Secretary Ministry of Information and Broadcasting. Instead he has chosen to shield behind a second judgement of Islamabad High Court in writ petition No.312 of 2014 which does not contravene the earlier judgment in writ petition No.4606/2012 filed by Rashid Ahmed himself. Copy of CMA No 2 in writ petition No 312/2014 is placed at Annex. He therefore stands in direct contempt of court and is attempting to subvert the course of justice.
8. The opinion of Law Division was sought on the question of continuing the proceedings against the appointment of Rashid Ahmed as Chairman Pemra. The matter was referred to the Attorney General of Pakistan by the Law Division. The opinion of attorney general held that instant proceedings against Rashid Ahmad are valid and may continue as he had concealed the facts of the case from the court and obtained a judgment based on falsehood.
9. It is also evident from record that his promotion to BS-22 was based on concealment of facts. The material fact that inquiry was pending was not placed on record and therefore the promotion cannot be deemed to be valid and is liable to be reviewed.
10. It is therefore obvious that Rashid Ahmed has not been able to provide substantial evidence to contradict the fact that his initial appointment as chairman Pemra while serving as Secretary Ministry of Information and broadcasting is illegal, void ab initio and he may be dismissed from his present position of Chairman Pemra.
11. As an extra precaution before a determinative conclusion of this case it is submitted that the matter may once again be referred to Law Division and Office of the Attorney General to safeguard against any impeding controversy as Rashid Ahmed is already in litigation far beyond the means of a civil servant.
12. It is also placed on record that the undersigned is a member of Pemra as well as authorised officer in these proceedings therefore bias has also been agitated. Such contention albeit is not sustainable in view of judgments of the superior courts.
13. Submitted.”
It is important to mention here that after submission of this detailed inquiry report, the matter was once again referred to Law Division and office of the Attorney General of Pakistan as per para-11 of the report.
The Information Ministry officials told The News that all efforts will be made now to ensure that whole record of the case is presented before honourable IHC which is now hearing intra-court appeal of the federal government.