Placing regulators under ministries

ISLAMABAD: An Islamabad High Court (IHC) bench, while hearing in a contempt of court petition against federal government for allegedly violating court orders putting five regulatory bodies under control of relevant ministries/division, has directed secretary cabinet to appear before the court along with record on August 7.

Justice Athar Minallah issued these orders after a joint secretary cabinet, Dr Iram A khan, and an Additional Attorney General (AAG) Afnan Karim Kundi appeared before the court.

In a bit complicated situation, an IHC single bench comprising Justice Athar Minallah on June 22 had nullified government's June 6 notification in continuation of March 27 court order for putting five regulatory bodies under control of relevant ministries/division. While an IHC division bench comprising Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kayani on July 18 had suspended single bench order while hearing in an Intera Court Appeal (ICA) filed by the federal government.

In June 22 order Justice Athar Minallah had directed Principal Secretary to the Prime Minister, Fawad Hassan Fawad and others to personally appear before the court and explain that why government disobeyed court orders regarding status of the regulatory bodies by issuing a memorandum on June 6 despite March 27 orders.

Today's proceedings when AAG Kundi informed the single bench about suspension of order by a division bench. At which Justice Athar Minallah remarked that the June 6 memorandum was issued without assailing March 27 orders and getting it suspended whereas the Supreme Court has held that no notification can be issued without first obtaining suspension orders from a court against an order in field. Justice Athar Minallah further remarked that court will not tolerate non-compliance of its order.

Justice Athar Minallah through June 22 order had nullify the federal government's notification dated June 6, under which administrative control of the five regulatory bodies including Ogra, Nepra, PPRA, PTA and FAB was given to the relevant ministries/division.

This order was issued in response to a contempt of court petition where a petitioner Muhammad Nawaz had alleged that the federal government by issuing a June 6 memorandum has violated an IHC March 27 order under which the court had nullified a federal government notification dated December 19, 2016 for transferring administrative control of the said regulatory bodies to the ministries/divisions. In March 27 order IHC bench had said that such a step could only be taken with approval of the Council of Common Interests (CCI).

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.

On July 18 however, a division bench had suspended single bench's order where federal government through an ICA had been seeking to set aside June 22 and March 27 orders. Further hearing will be on August 7.