Govt should probe matters relating to Pemra: POWA
ISLAMABAD: The war of words and allegations through press releases continues between executives and officers of PEMRA.
The Pemra Officers Welfare Association (POWA) has again issued a detailed response to the December 10 rejoinder of present management of PEMRA and has termed most of the assertions as baseless and contrary to the facts.The statement calls government for an immediate order for detailed investigations and arrests of those involved.
Generally it is a tradition that in any clarification or rebuttal, the response is given on facts/points/allegations raised in the story. It is never done that the institution facing serious allegations of corrupt practices assumes or guesses as to who is leaking the information about corrupt practices and then starts attacking those presumably involved in corrupt practices is leaking information. This is a sad aspect of this issue.
First of all, more than hundred members of the POWA hold it in clearest of terms that none of its members is suspended nor there is any POWA member who is not on duty.Secondly, instead of offering evidence to refute documented proof of corruption presented by POWA, PEMRA has mostly relied on leveling allegations, some are self-contradictory. Like in its second last clarification PEMRA has held that all members of legal wing of the authority are associates of POWA while now it says there PEMRA officers’ organisation has only two members.
It is also worth mentioning here that during the present debate many allegations of massive corruption have been established against present chairman PEMRA along with all evidence but through continuous press releases, authority’s media wing attempted to spread discussion on new topics without admitting that previous allegations had been proved.
Like it has been proved without any denial from present top PEMRA management that authority has recruited more than hundred employees on different position across the country obviously initially on temporary basis. Not only this Chairman PEMRA Chaudhry Rasheed has committed biggest ever crime which can never be forgiven even by any court and which is regularisation of service of 51 favourites of previous PPP government illegally hired on temporary basis.
Though, in its response PEMRA has tried to give an impression as if these employees were regularised by Khursheed Shah Committee before present chairman assumed the charge of his office but POWA had unavoidable documentary evidences (provided to The News) that all these illegally hired favourites were regularised much after Chaudhry Rasheed became chairman and with his orders during tenure of caretaker government. Ch Rasheed simply obliged those PPP masters who appointed him on this position after keeping officer of chairman vacant for more than two years so he could continue as PEMRA chief even after end of their rule.
PEMRA rejoinder dated 10.11.2013 is devoid of facts and it contradicts its own previous press releases. PEMRA had alleged officers of Legal Wing for siding with POWA in the capacity of ‘associates of POWA’. The same has been cited a reason for engaging private counsels instead of relying on their credibility. The incumbent Chairman fails to appreciate the fact that the PEMRA’s Licensing Wing had almost 100% success in various court cases before he started engaging his chosen private counsels who had lost majority of cases. The figures quoted by the incumbent management about pendency of court cases inherited by the current management are totally incorrect, and this is what precisely the association said in its previous rejoinder that a detailed investigation would reveal the actual position of legal cases and their outcome. Pertinently, litigation has increased during the tenure of the incumbent chairman which can be verified from the relevant record. In one such case when appointment of the incumbent Chairman was challenged in the two High Courts, the incumbent Chairman paid huge amounts of Rs.3 million & Rs.2 million to a top constitutional lawyer who was representing the Ministry of Information and Broadcasting, from the PEMRA account against PEMRA laws, in order to save his appointment. In the Financial Year 2012-2013, a payment of Rs. 26.86 million was made to lawyers against a “Revised Budget” of Rs.15.00 million. Most of the money (Rs.24 million) was paid to lawyers in the second half of the Financial Year (i.e. Jan-Jun 2013), when the incumbent Chairman took over the charge in January. Similarly, in the first quarter of the present Financial Year (Jul-Oct 2013), a payment of Rs. 12.44 million has so far been made to the counsels against the yearly budget of Rs. 10.00 million. Over80 percent of this amount has gone to one single legal firm. It is worth considering here that the jump in the counsel rate has occurred after January 2013, when the present Chairman took over. If the counsel rates have increased, as claimed by the management, why did not the previous years’ budget under the legal fee head was overspent. The scandal of approving Super Media on advertising panel has also been proved even in FIA probe. However, neither the involved concerned GM nor the DG (now transferred from PEMRA) has so far been arrested. Both of these GM and DG played key role in this illegal approval.
Fake billing case of Rs. 28 million pertaining to M/s SIMM is pending with FIA and NAB. The incumbent Chairman had allegedly made this payment in the capacity of PIO. SIMM, black listed by PID, is owned by the close associates of the incumbent Chairman. This is evident from the record that FIA has lodged an FIR against the Directors of SIMM under Sections 420, 468, 471 & 109 of PPC. FIA has lodged this FIR against the complaint of Muhammad Imran Director PARC. After assuming the charge of chairman PEMRA, same directors managed to get another advertising company; this time in the name of M/s Super Media Communications (SMC-Pvt) Pvt Ltd. The present GM (Media & PR) played a key role in getting this unlawful act done to appease his boss. This is obvious from the record that PEMRA has made a payment of more than Rs.7 million to the said company within a short span of time. It is worthy to mention here that presently FIA has submitted a detailed enquiry report regarding the close connivance of the incumbent Chairman, the said company and the central role of GM (Media & PR) connection with the famous Landing Rights Permission case of China Central TV. It may also be added here that FIA has seized the official record/file of Star Lite TV channel. The official documents reveal that the Directors (Ch Naveed Akbar & Zulfiqar Ali) were in the process of purchasing the TV channel.
The Supreme Court of Pakistan while listening to the Media Commission Case gave remarks on 15.1.13 that “…the appointment of Chairman PEMRA has to be made through an open and transparent process to ensure that the appointee meets the objective criteria specified in PEMRA Ordinance…” Quite contrary to this, the incumbent Chairman while serving as Secretary Information initiated the summary of appointment of chairman PEMRA and included his own name for the post out of a list of three. This act of the incumbent not only eliminated public advertisement but also deprived many experienced Pakistanis to apply for the said post. This is a glare example of conflict of interest as to how a candidate can prepare a summary for his own appointment. If this practice is not stopped, then there is a fear that each and every retiring secretary will prepare summary for his post retirement appointment as Ombudsman, Members of Public Service Commission and Chairman of autonomous and regulatory bodies. The incumbent Chairman moved his summary for appointment as chairman PEMRA hardly two and a half month before his retirement. While moving his summary he concealed all the relevant facts and other details as specified instructions of the Government issued vide Establishment Division O.M.1/134/99-E-6 dated 03.09.1999. He was required to mention his date of retirement/ date of his superannuation.
The incumbent Chairman is illegally involved in grant of satellite TV licences, up-linking permissions, up-gradation of cable TV licences, change of management cases of FM/STV/CTV and change of categories of satellite TV channels without following the legal formalities; security clearance, under Rule 7(d) of PEMRA Rules 2009, Public Hearings under Section 24(2) of PEMRA Ordinance 2002 and consultation with provinces under Section 21 of PEMRA Ordinance 2002. In its 65th meeting of the Authority held on 29.9.2010, “The Authority decided to stop issuance of further licenses and directed to return all applications under process.
Moreover, the Authority decided that in future licences will be issued under section 19 of PEMRA Ordinance 2002 which inter alia envisages open bidding.” Despite the clear decision of the Authority, the Licensing Wing received application for grant of STV licences, suggesting the prospective applicants to use Section 22 of the PEMRA Ordinance which reads “Duration for consideration of the application for a licence – The Authority shall take decision on the application for a within one hundred days from the receipt of the application.’
The management does not dispose of cases within 100 days, thus providing opportunities to companies to produce court decisions against PEMRA for its non-compliance of the above cited Section so that to grant them licences on courts’ directives.
As per transport policy, first vehicles are declared as condemned. Then the vehicles are auctioned. Then vehicles are purchased in lieu of the auctioned vehicles. Also, autonomous/semi autonomous organisations are bound to follow instruction of the federal government. POWA also stands by its earlier press release regarding payment of the “on” amount given in cash on the purchase of Honda Civic 1800cc car for the Chairman. Documentary evidence available on record would prove, from whom the car was purchased and when found about the problems in the registration papers and transfer in the name of PEMRA, how was the car replaced with another.
The incumbent Chairman has availed more than a million of rupees on account of entertainment charges since assumption of his charge on the pretext that he is empowered for the same with no limit. As claimed by the Chairman, no Prado has ever been used for operational purposes since 2006. The fact of the matter is that three vehicles are under the personal use of RGM Punjab alone, one of his close associates.
Since assumption of his charge as Chairman PEMRA, the Authority has lost its sanctity and writ to implement its code of conduct as directed by the Supreme Court and High Courts from time to time. A protest procession outside PEMRA HQs building on last Friday by the general public is a glaring evidence of how the current management has failed to redress grievances of the general public in line with implementation of PEMRA laws.
POWA is an association of regular officers who have their long career at stake with the organisation. The incumbent Chairman instead of concentrating on regulation, regulatory work and enforcement of its laws, has indulged in defaming the association and its members. The association is very concerned about the inaction and uselessness of PEMRA on the regulatory front and the irregularities taking place within which is badly affecting the financial health of the organisation hardly running at a breakeven.
Contrary, to the management claim, the association never would malign or bring into disrepute the organisation itself but would never hold itself back from pointing out corruption and irregularities now and in the future. POWA is and will remain loyal to the organisation and will always work for the progress and betterment of the organisation rather than the management or an individual. This is precisely the reason, why the association has requested the Federal Government to intervene and save an organisation from a total collapse. POWA has all the evidences available with it and if ordered an enquiry by the Federal Government it will cooperate and provide the evidences to any investigating agency.
However, when contacted, Pemra Chairman Chaudhry Rasheed termed all the charges false. He said that all of these are mere allegations and there was no truth behind them. He said that it was a part of conspiracy against him.
The Pemra chairman said that there are a few people who shirk from performing their duties, and when he took action against them, they made a group and started a false campaign against him.
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