SC rejects govt plea against IHC order
ISLAMABAD: The Supreme Court (SC) has rejected government plea seeking suspension of interim injunction of Islamabad High Court (IHC) on restoration of Pakistan Electronic Media Regulatory Authority (Pemra) Chairman Chaudhry Rashid Ahmad and directed it to resort to IHC on this count.
The SC has ruled in its orders that original case is still pending hearing in IHC. Petition on non-implementation of court orders and withdrawal of court orders have also been filed. IHC is going to hear the contempt of court plea from Pemra chairman today (Tuesday), therefore, SC is not entitled to hear it in the prevailing situation nor it will interfere therein. SC can be resorted to after the final decision of high court.
The order was issued by a 2-member SC bench presided over by the Justice Nasirul Mulk on Monday. Wasim Sajjad appeared on behalf of Pemra chairman while Hafiz S A Rehman represented federal government in the court.
Hafiz S A Rehman said that Rashid Chaudhry was appointed Pemra chairman by the prime minister on January, 26, 2013. The PM cancelled appointment of Chaudhry Rashid on the advice of law ministry keeping in view court’s orders. Notification in this regard was issued on December, 16 2013 and Rao Tehsin Ahmad Khan was appointed acting chairman who took over the charge of the office the same day.
The court issued interim order on restoration of Pemra chairman on December 16, 2013. It was said in the order that he was appointed chairman for a stipulated period, therefore, notification could not be issued against him. Hafiz S A Rehman said that he had approached the court against the IHC interim order which might be suspended. Justice Nasirul Mulk remarked, “If we suspend the order then SC will have to give final decision of this case and this matter will not remain under IHC.”
Learned counsel said the he was not praying for deciding the case on merit. He said that someone else had taken over charge of the Pemra in this case. Notification on termination of services of chairman had been suspended at present. “Two chairmen are working this time, therefore, administrative difficulties are being faced. Additional charge has been handed over. Whosoever has to monitor daily working has not been made respondent in IHC. This is a new situation,” he maintained.
Justice Nasirul Mulk observed, “This is not a new situation. You have given only additional charge to monitor the daily matters to the person who is already working.”Justice Nasirul Mulk remarked, “The petition is still pending hearing. IHC has issued interim relief now. You cannot move SC unless IHC issues final decision. We cannot accept petition for interim relief as Pemra chairman petition is still pending hearing. Give these arguments before IHC.”
” 
” 
” 
” 
