ISLAMABAD: Hearing a suo motu case pertaining to the controversial appointment of state-run Pakistan Television’s former chairman and managing director (MD) Attaul Haq Qasmi, the chief justice of Pakistan (CJP) Mian Saqib Nisar on Monday observed that ‘why not former prime minister Nawaz Sharif be issued notice to explain under which law he appointed Qasmi as head of the PTV’.
Heading a three-member Supreme Court bench comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, the chief justice also observed that “this was not a monarchic empire where you can appoint a person of your free choice against a hefty salary.”
The court has reserved verdict over the controversial appointment of Qasmi as PTV MD.
The court directed audit of the monetary privileges extended to Qasmi over the past two years by a reputed private firm within a week. On the last hearing, the court had observed that the audit should be conducted by AF Ferguson and Co.
The court was informed that Qasmi received Rs 1.5 million per month in salary and other benefits. Besides, he had been also allocated a special advertising budget for a programme he used to host on the PTV and that amount was almost Rs 278 million.
During the hearing, the chief justice told former federal minister for information and broadcasting Senator Pervaiz Rasheed that if appointment of Qasmi was found illegal, then he could face disqualification under Article 62(1)(f) of the constitution, which also led to the disqualification of former prime minister Nawaz Sharif and PTI then secretary-general Jahangir Tareen. “For this reason, I had asked you to engage your counsel,” the chief justice asked Pervaiz Rasheed.
The chief justice also admonished Fawad Hassan Fawad, secretary to the prime minister, when it was revealed that the appointment of Qasmi was approved over mere verbal orders of the ousted premier. “Law does not allow you to just obey the verbal orders of the premier,” the chief justice told Fawad.
Fawad then stated that the practice of obeying and approving verbal orders of the prime minister was in place for over two decades, adding that the summary of Qasmi’s appointment was forwarded to the establishment division by the board of directors of the PTV and then sent to then prime minister Nawaz Sharif who approved it.
With regard to the financial privileges, Fawad stated that neither he nor the then premier had approved any such privileges, adding that the monetary incentives were approved by the finance division. “If required, we will summon the senior officials of the finance ministry,” the chief justice noted.
Qasmi’s counsel Ayesha Hamid contended that PTV had earned a revenue of Rs 600 million during the tenure of her client. The chief justice, however, dismissed her claim saying that the appointment was illegal.
Additional Attorney General Rana Waqar told the court that the federal cabinet had approved an amendment in 2015 to appoint heads of four federal institutions. He said since Qasmi was 72 at the time of his apointment, thus approval was taken from the federal cabinet. Justice Umar Ata Bandial noted that the federal government made the appointment of Qasmi in much haste.
“The government does not enjoy any authority to make appointments on its own, while keeping the rules aside,” the chief justice observed.
Published in Daily Times, February 27th 2018.