ISLAMABAD: The Supreme Court (SC) was informed on Thursday that the prime minister had not yet approved the names of prominent persons for the selection board to appoint a permanent chairman of Pakistan Electronic Media Regulatory Authority (Pemra).
A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing into Media Commission recommendations case.
In pursuance of court direction, Principal Secretary to Prime Minister Fawad Hassan Fawad appeared before the court and informed that that Prime Minister Shahid Khaqan Abbasi had not yet approved the names of prominent persons for the selection board for the appointment of a permanent Pemra chairman.
The court directed the petitioners, Hamid Mir and Absar Alam, to engage the legal brain for giving recommendations for making amendments to the Pemra law to make the body independent.
The court also directed the petitioners to frame a questionnaire for resolving the matter in accordance with the recommendations given by the media commission.
Chief Justice Mian Saqib Nisar observed that they could not legislate as it is the job of legislature but could only strike down the provisions if these are in violation of the fundamental rights enshrined in the Constitution.
The court rejected the draft for amending Pemra law. Chief Justice observed that the basic purpose of the court is to ensure Pemra independence, adding that the organisation itself can resolve other issues provided it is made fully independent.
Absar Alam, Pemra former chairman and one of the petitioners informed the court that the committees, formed by the Senate and National Assembly are already working on these issues. “Our basic aim of filing the instant petition was accountability and secret funds,” Absar Alam contended.
Ahmad Nawaz Sukhera, Secretary Information informed the court that the search committee comprised Secretary Ministry of Information, Additional Secretary Establishment, Additional Secretary Finance and Joint Secretary to Prime Minister Office.
Hamid Mir pointed out that there is no expert in the committee. Chief Justice too observed that there should be an independent person in the committee. The Chief Justice asked Hamid Mir if there is any person who could be included in the said committee.
Hamid Mir recalled that earlier former SC judge Justice Jawwad S Khawaja had also asked the same question. He however, said that they could only suggest names to the court.
Secretary information said that the Lahore High Court in the Absar Alam case had given the guidelines, the qualification for the candidate had been increased from BA to MA.
The chief justice said they wanted an independent person to head Pemra and summoned Fawad Hassan Fawad to appear before the court at 2:30pm and bring the advertisement, summary regarding the composition of search committee and the list of candidates short listed for the post of Pemra chairman.
Later, Fawad Hassan Fawad appeared before the bench and informed that the selection committee had yet to be constituted and that would have two experts, adding the names of two prominent persons would be given by prime minister. He said that the committee out of 100 marks for the selection had only 20 marks.
He said if the court wanted, they would reconstitute the search committee to finalise the names for the post of Pemra chairman, but requested the court to extend the date.
Justice Umar Atta Bandial said that in the appointment of the vice-chancellor of university, the people included in the committee from private sector as well. He said that the government shall select right kind of people. He, however, said that the best people did not apply therefore the government would have to approach them.
Justice Ijazul Ahsan said the so far the people who have applied does not seem to be eligible for the post.
Fawad Hassan said that they would request the prime minister to reconstitute the search committee.
The chief justice said that they would not interfere in the executive matter and their remarks should not cause prejudice to the candidate short-listed for the post of Pemra chairman. Later, the court adjourned further hearing till Monday.
