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IHC stops govt from making high-profile appointments

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ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) has restrained the federal government from making appointments on high-profile positions that violate the Supreme Court verdict in the Khawaja Asif case.

The petition on which the order was given was filed by Dawood Ghazanavi. He alleged that the federal government had tried to dodge the directives of the Supreme Court which had ordered that appointments to top slots of public sector organisations be made through a commission.

The court order endangers the appointments of about 20 officers who the federal government has deputed in different public sector departments, without going through a commission as directed by the apex court.

According to the counsel, the Establishment Division on January 13 and March 4 issued notifications with the approval of Prime Minister Nawaz Sharif, in which it exempted appointments on key posts in organisations including: National Electric Power Regulatory Authority (Nepra), Oil and Gas Regulatory Authority (Ogra), Public Procurement Regulatory Authority (PPRA), Pakistan Telecommunication Authority (PTA), Trade Development Authority (TDAP), State Life Insurance Corporation, Competition Commission of Pakistan, Securities and Exchange Commission of Pakistan, Pakistan Agriculture Research Council, Pakistan Medical and Dental Council, Drug Regulatory Authority of Pakistan, Evacuee Trust Property Board, Engineering Development Board, Pakistan Industrial Technical Assistance Centre, Small and Medium Enterprises Development Authority, State Cement Corporation, National Database and Registration Authority (Nadra), Pakistan Electronic Media Regulatory Authority (Pemra), Lok Virsa, National Telecommunication Commission (NTC), Telecom Foundation, Pakistan Baitul Maal and Alternative Energy Development Board (AEDB).

Barrister Ghazanavi told Dawn that the government had made appointments on top positions in the Pakistan Steel Mills, National Power Construction Corporation, Pakistan Electric Power Company, Pakistan Tourism Development Corporation, Pakistan Television and the Competition Commission of Pakistan following the issuance of January 13 exemption order.

“I will file a separate petition against these appointments in the IHC,” he said.

On July 22, 2013, the Establishment Division

issued the notification for making high-profile appointments in the organisations through a commission after the apex court decided on June 12 on a petition filed by PML-N leader Khawaja Asif against the postings/transfers made by the caretaker set-up prior to the May 11 elections.

The Supreme Court directed the government to constitute a commission for appointments in statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory authorities as well as in government-controlled corporations, autonomous and semi-autonomous bodies, etc.

During the hearing of the petition, Hafiz S. A. Rehman, counsel for the federal government, told the court that the Federal Law Division intended to approach the Supreme Court to seek clarification with regard to the judgment passed in the Khawaja Asif case of June last year.

Justice Siddiqui observed that “the request was reasonable” but the learned judge restrained the federal government from making appointments on the key positions after by passing the commission for appointments in statutory bodies.


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