ISLAMABAD: The Supreme Court was apprised on Thursday that the prime minister has yet to approve the name of any prominent person to the selection board for the appointment of Pakistan Electronic Media Regulatory Authority (Pemra) chairman.
Prime Minister’s principal secretary Fawwad Hassan Fawwad informed the three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umer Ata Bandial and Justice Ijazul Ahsan, which was hearing a case pertaining to the media commission report.
During the hearing, the chief justice asked the petitioners, Hamid Mir and Absar Alam, to engage a lawyer who can give recommendations for making amendments in the Pemra law to make the body independent.
The chief justice noted that the court could not make laws, as it was an exclusive domain of the legislature, however, it could interpret the laws and strike down provisions which were found in violation of the fundamental rights guaranteed in the constitution.
Rejecting a draft for amending Pemra law, the chief justice noted that the court wanted to ensure the independence of PEMRA. He said when Pemra would stand independent, other related issues would also get settled. Absar Alam apprised the court that the committees of the Senate and the National Assembly were already working on these issues.
The petitioners stated that their purpose in approaching the court was to strengthen accountability in the whole process.
Appearing on notice, Information Secretary Ahmad Nawaz Sukhera apprised the court that besides him, the search committee comprised
Additional Secretary Establishment, Additional Secretary Finance and Joint Secretary to Prime Minister Office.
Mir, however, pointed out that there was no expert in the committee. Sukhera stated that the Lahore High Court in a petition filed by Alam had given guidelines and qualifications for the candidate for the Pemra chairman. He said the required qualification for the PEMRA chairman has been increased from graduation degree to master’s degree.
“We just want to see an independent person to head Pemra,” the chief justice remarked and summoned Fawwad Hassan Fawwad to appear before the court later in the day along with the advertisement and summary for the composition of selection committee and the list of candidates short-listed for the post.
Appearing before the court in the evening, Fawwad stated that the search committee had yet to be constituted and that it would have two experts. He said the names of two prominent persons would be given by the Prime Minister.
He said if the court wanted, then the search committee could be reconstituted to finalise the names for the post of Pemra chairman. At the same time, he requested the court to extend the date.
The chief justice noted that the committee to appoint the vice-chancellor of a university, had included people from the private sector as well. He said the best people don’t apply, thus, the government would have to approach them. “People who have applied so far do not seemed to be eligible for the post” Justice Ijazul Ahsan noted.
Fawwad then stated that the prime minister would be requested to reconstitute the search committee, adding the time given in the advertisement for applying for the post had lapsed.
The judges noted that since none of the people who have been short-listed qualify for the post, thus the post would have to be re-advertised. They said the candidates who do not qualify for the post will not deliver if appointed.
“We would not interfere in the executive’s domain, thus our remarks should not cause prejudice to the candidate short-listed for the post of Pemra chairman”, the chief justice observed. Later, the case was adjourned till Monday.
Published in Daily Times, April 13th 2018.