Violation of court verdict
ISLAMABAD: An Islamabad High Court (IHC) Thursday took up case of placing administrative control of five regulatory bodies under the relevant ministries/ divisions.
IHC Justice Athar Minallah also directed Principal Secretary to Prime Minister Fawad Hasan Fawad and a Joint Secretary Cabinet Division Dr Iram A Khan to personally appear before the court and explain why the government disobeyed the court orders regarding status of the regulatory bodies including Ogra, Nepra, PPRA, PTA and FAB by issuing a memorandum on June 6.
The IHC bench was hearing a contempt of court petition wherein a petitioner Muhammad Nawaz stated that the federal government violated an IHC March 27 verdict by issuing a memorandum on June 6, under which the court had nullified a federal government notification dated December 19, 2016 for placing administrative control of the regulatory bodies under the ministries/divisions.
In the March-27 order, the IHC bench had said that such a step could only be taken with approval of the Council of Common Interests (CCI).
The IHC bench, in its Thursday’s order, said: "It prima facie appears that the memorandum, dated June 6, 2017, had been issued in violation of the court's judgment, given on March 27, 2017."
The IHC bench further said: "Needless to mention that memorandum dated 6-6-2017, is void and nullity, in the light of law enunciated by this court in judgment 27-3-2017."
The bench further directed the respondents to explain "as to why proceedings may not be initiated against them under the Contempt of Court Ordinance, 2003.” The court has directed the respondents to place on record the copy of the summary leading to issuance of the memorandum.
The IHC bench said that in case the federal government had not sought approval from the CCI before issuance of the memorandum, then the respondents should identify the person who had approved or authorised issuance of the memorandum, so that proceedings may also be issued against such a person.
About amendments to the Rules of Business, IHC Justice Athar Minallah observed that the detailed reasoning has been given that neither the federation of Pakistan nor Prime Ministers can amend entry 53 of clause 2 of schedule II in Rules of Business 1973, as it existed prior to the purported notification dated December 19, 2016.
The IHC bench directed the respondents to submit written explanation within three weeks and personally appear before the court on August 1.
Earlier the control of Oil and Gas Regulatory Authority (Ogra), National Electric Power Regulatory Authority (Nepra), Pakistan Telecommunication Authority (PTA), Frequency Allocation Board (FAB) and Public Procurement Regulatory Authority (PPRA) was given to the ministries under the said notification.
In the contempt of court petition, petitioner a member of Pakistan Justice & Democratic Party (PJDP) headed by the former Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry, has nominated Fawad Hassan Fawad, Principle Secretary to the Prime Minister and federal of Pakistan through joint secretary Cabinet Division Iram A Khan as respondents.
