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The Islamabad High Court (IHC) on Thursday restrained Naeem Bukhari from working as the chairman of the Pakistan Television Corporation (PTV) and refered the matter to the federal cabinet to review it in light of the apex court's.
IHC Chief Justice Athar Minallah presided the hearing of a petition against the appointment of Bukhari as chairman of the state-run television. The court asked the representative of the Ministry of Information whether the government had relaxed the age limit.
To which the representative replied that ‘it has been relaxed’.
The chief justice inquired about the reasons for easing the age limit, upon which the ministry’s representative replied that “we have written that Naeem Bukhari is qualified for the post and has a lot of experience whereas we also sent a summary on November 13 [2020] and another on November 26 [2020].”
Justice Minallah remarked that neither the cabinet had made any decision on age relaxation nor was the correct summary sent.
“You did not read the relevant portion of the Supreme Court’s decision while sending the summary,” the justice remarked. “You will cause the cabinet embarrassment if you forward them a summary without reading the decision.”
The court further remarked that the Ministry of Information was not authorised to appoint PTV chairman.
The Supreme Court had clearly written that the federal government cannot make anyone chairman, whether they get paid or not is a different matter, the IHC added.
“Explain the procedure, you yourself appointed Naeem Bukhari as chairman and sent a summary to the cabinet,” the court maintained.
The IHC sent the matter to the federal cabinet to review it under the decision of the apex court.
“Naeem Bukhari is respectable for us, but not above the law,” the court added.
Last year in December, the IHC issued a notice to the federal government over the appointment of Bukhari as PTV board and managing director of the state-run television.
Chief Justice of IHC Athar Minallah presided over the hearing of the petition of citizen Arsalan Farrukh through his counsel wherein he pleaded that Bukhari’s appointment was not according to the guidelines set by the Supreme Court.
“What is illegal in the notification,” Justice Minallah asked the counsel during the proceedings while referring to the notification issued by the government on November 24.
The lawyer prayed upon the court that the position was not advertised for in any newspaper, which is mandatory.
“Naeem Bukhari is also over 65 years,” the counsel further prayed.
The petitioner's counsel also cited SC’s judgment on Ataul Haq Qasmi’s appointment as director and chairman of PTV for reference.
It is a developing story and will be updated accordingly.
tribune.com.pk
The Islamabad High Court (IHC) on Thursday restrained Naeem Bokhari from working as chairman of Pakistan Television (PTV) while hearing identical petitions against his appointment.
Presiding over the case, IHC Chief Justice Athar Minallah observed that there needed to be a clear reason for relaxing the upper age limit for 65-year-old Bokhari, referencing the Supreme Court decision to set aside the appointment of Ataul Haq Qasmi as the PTV chairman.
The court noted that the Ministry of Information and Technology had repeated the same mistakes as those in Qasmi's case and had not perused the apex court's judgement when sending the summary to the federal cabinet.
At the last hearing, the IHC CJ had observed that Bokhari's appointment appeared to have been made in violation of the guidelines set by the SC, and had advised the counsel for the PTV chairman to peruse the decision that had set aside the appointment of Qasmi.
In Nov 2018, the Supreme Court had declared Qasmi’s appointment illegal. The court ordered the federal government to appoint a full-time managing director of PTV after fulfilling all legal, procedural and codal formalities strictly in accordance with the law.
The judgement had observed that public officials, particularly heads of ministries who were elected representatives of the people, owed their allegiance and loyalty to Pakistan, the Constitution and the law. They were obligated to act accordingly and without being influenced by extraneous considerations.
Public officials were not allowed to take decisions arbitrarily after circumventing the law and at their own whims to certain individuals, the judgement said.
"The federal cabinet did not take a clear decision on relaxing the age limit nor did you send the correct summary," the IHC CJ said during today's hearing, adding that "no one was above the law".
The court added that it was sending the matter to the federal cabinet so that it could take a decision in light of the SC's judgement.
However, the counsel for the ministry informed the court that the cabinet had approved the summary for the appointment of the PTV chairman.
"You should have informed the cabinet about the apex court's decision. When you move a summary without doing so, you will also embarrass the cabinet," Justice Minallah said.
"The court does not typically interfere in the executive's decisions," he added, directing the ministry to place the summary before the federal cabinet in order for it to review its decision.
The hearing was adjourned for two weeks.
Justice Minallah was hearing identical petitions filed by advocates Raja Shakeel Abbasi and Asif Gujjar.
While Abbasi challenged the appointment of Bokhari, Gujjar argued against the appointment of other members of the PTV board as well, including the acting managing director Shahira Shahid, retired Col Hassan Imad Mohammadi, Asad Ahmed Jaspal, Asghar Nadeem Syed and Waseem Raza Abid.
The lawyers termed the appointments in violation of various verdicts of the Supreme Court, including the one authored in the case of Qasmi, and the IHC that laid down guidelines for such appointments.
The petitioners said contrary to the direction of the apex court, the vacancy had not been advertised in the press and the appointment was made without inviting applications for the vacant position. They added that the federal cabinet had relaxed the upper age limit for 65-year-old Bokhari without mentioning a plausible reason in the minutes of the cabinet meeting.
Bokhari's appointment
Bokhari, who led the legal team of PTI chief Imran Khan in the Panama Papers leak case, was appointed the PTV chairman in November last year.
Interestingly, the appointment was made in apparent haste as the federal cabinet had in its meeting considered a summary for his appointment but did not endorse his induction as PTV chairman.
The cabinet had directed the Ministry of Information to “resubmit the summary, in line with the following observations: i) the composition of the Board shall be on the pattern of previous Board where independent directors/private sector members were in majority; ii) the appeal [against Islamabad High Court order of sacking Arshad Khan and other PTV directors] may be vigorously pursued and independent directors/private sector members from the previous Board shall be re-inducted in the new Board, where possible; and iii) Shahzada Naeem Bokhari be included in the Board and nominated as Chairman.”
The information ministry had submitted the summary for appointment of three independent directors of PTV, recommending Naeem Bokhari, chartered accountant Syed Waseem Raza and prominent writer Asghar Nadeem Syed as principal candidates. Bokhari and Asghar Nadeem Syed were over 65 years old and, therefore, the ministry had sought relaxation from the federal cabinet regarding their age.
However, in contradiction to the observations by the cabinet regarding resubmission of the summary for the appointment of directors and chairman of PTV, the information ministry on its own had notified Bokhari as chairman.
The notification read: “The federal government is pleased to appoint Shahzada Naeem Bokhari as Independent Director of Pakistan Television Corporation Board.”
It further stated: “The federal government has also approved nomination of Shahzada Naeem Bokhari as chairman PTVC Board in line with the Pakistan Television Corporation […]. The chairman shall, unless he resigns earlier, hold office for a period of 3 years. The board of directors, PTVC, is directed to ratify his nomination as chairman.”
IHC Chief Justice Athar Minallah presided the hearing of a petition against the appointment of Bukhari as chairman of the state-run television. The court asked the representative of the Ministry of Information whether the government had relaxed the age limit.
To which the representative replied that ‘it has been relaxed’.
The chief justice inquired about the reasons for easing the age limit, upon which the ministry’s representative replied that “we have written that Naeem Bukhari is qualified for the post and has a lot of experience whereas we also sent a summary on November 13 [2020] and another on November 26 [2020].”
Justice Minallah remarked that neither the cabinet had made any decision on age relaxation nor was the correct summary sent.
“You did not read the relevant portion of the Supreme Court’s decision while sending the summary,” the justice remarked. “You will cause the cabinet embarrassment if you forward them a summary without reading the decision.”
The court further remarked that the Ministry of Information was not authorised to appoint PTV chairman.
The Supreme Court had clearly written that the federal government cannot make anyone chairman, whether they get paid or not is a different matter, the IHC added.
“Explain the procedure, you yourself appointed Naeem Bukhari as chairman and sent a summary to the cabinet,” the court maintained.
The IHC sent the matter to the federal cabinet to review it under the decision of the apex court.
“Naeem Bukhari is respectable for us, but not above the law,” the court added.
Last year in December, the IHC issued a notice to the federal government over the appointment of Bukhari as PTV board and managing director of the state-run television.
Chief Justice of IHC Athar Minallah presided over the hearing of the petition of citizen Arsalan Farrukh through his counsel wherein he pleaded that Bukhari’s appointment was not according to the guidelines set by the Supreme Court.
“What is illegal in the notification,” Justice Minallah asked the counsel during the proceedings while referring to the notification issued by the government on November 24.
The lawyer prayed upon the court that the position was not advertised for in any newspaper, which is mandatory.
“Naeem Bukhari is also over 65 years,” the counsel further prayed.
The petitioner's counsel also cited SC’s judgment on Ataul Haq Qasmi’s appointment as director and chairman of PTV for reference.
It is a developing story and will be updated accordingly.
IHC bars Naeem Bukhari from working as PTV chairman | The Express Tribune
Refers matter to the federal cabinet to review it in light if apex court's decision
tribune.com.pk
The Islamabad High Court (IHC) on Thursday restrained Naeem Bokhari from working as chairman of Pakistan Television (PTV) while hearing identical petitions against his appointment.
Presiding over the case, IHC Chief Justice Athar Minallah observed that there needed to be a clear reason for relaxing the upper age limit for 65-year-old Bokhari, referencing the Supreme Court decision to set aside the appointment of Ataul Haq Qasmi as the PTV chairman.
The court noted that the Ministry of Information and Technology had repeated the same mistakes as those in Qasmi's case and had not perused the apex court's judgement when sending the summary to the federal cabinet.
At the last hearing, the IHC CJ had observed that Bokhari's appointment appeared to have been made in violation of the guidelines set by the SC, and had advised the counsel for the PTV chairman to peruse the decision that had set aside the appointment of Qasmi.
In Nov 2018, the Supreme Court had declared Qasmi’s appointment illegal. The court ordered the federal government to appoint a full-time managing director of PTV after fulfilling all legal, procedural and codal formalities strictly in accordance with the law.
The judgement had observed that public officials, particularly heads of ministries who were elected representatives of the people, owed their allegiance and loyalty to Pakistan, the Constitution and the law. They were obligated to act accordingly and without being influenced by extraneous considerations.
Public officials were not allowed to take decisions arbitrarily after circumventing the law and at their own whims to certain individuals, the judgement said.
"The federal cabinet did not take a clear decision on relaxing the age limit nor did you send the correct summary," the IHC CJ said during today's hearing, adding that "no one was above the law".
The court added that it was sending the matter to the federal cabinet so that it could take a decision in light of the SC's judgement.
However, the counsel for the ministry informed the court that the cabinet had approved the summary for the appointment of the PTV chairman.
"You should have informed the cabinet about the apex court's decision. When you move a summary without doing so, you will also embarrass the cabinet," Justice Minallah said.
"The court does not typically interfere in the executive's decisions," he added, directing the ministry to place the summary before the federal cabinet in order for it to review its decision.
The hearing was adjourned for two weeks.
Justice Minallah was hearing identical petitions filed by advocates Raja Shakeel Abbasi and Asif Gujjar.
While Abbasi challenged the appointment of Bokhari, Gujjar argued against the appointment of other members of the PTV board as well, including the acting managing director Shahira Shahid, retired Col Hassan Imad Mohammadi, Asad Ahmed Jaspal, Asghar Nadeem Syed and Waseem Raza Abid.
The lawyers termed the appointments in violation of various verdicts of the Supreme Court, including the one authored in the case of Qasmi, and the IHC that laid down guidelines for such appointments.
The petitioners said contrary to the direction of the apex court, the vacancy had not been advertised in the press and the appointment was made without inviting applications for the vacant position. They added that the federal cabinet had relaxed the upper age limit for 65-year-old Bokhari without mentioning a plausible reason in the minutes of the cabinet meeting.
Bokhari's appointment
Bokhari, who led the legal team of PTI chief Imran Khan in the Panama Papers leak case, was appointed the PTV chairman in November last year.
Interestingly, the appointment was made in apparent haste as the federal cabinet had in its meeting considered a summary for his appointment but did not endorse his induction as PTV chairman.
The cabinet had directed the Ministry of Information to “resubmit the summary, in line with the following observations: i) the composition of the Board shall be on the pattern of previous Board where independent directors/private sector members were in majority; ii) the appeal [against Islamabad High Court order of sacking Arshad Khan and other PTV directors] may be vigorously pursued and independent directors/private sector members from the previous Board shall be re-inducted in the new Board, where possible; and iii) Shahzada Naeem Bokhari be included in the Board and nominated as Chairman.”
The information ministry had submitted the summary for appointment of three independent directors of PTV, recommending Naeem Bokhari, chartered accountant Syed Waseem Raza and prominent writer Asghar Nadeem Syed as principal candidates. Bokhari and Asghar Nadeem Syed were over 65 years old and, therefore, the ministry had sought relaxation from the federal cabinet regarding their age.
However, in contradiction to the observations by the cabinet regarding resubmission of the summary for the appointment of directors and chairman of PTV, the information ministry on its own had notified Bokhari as chairman.
The notification read: “The federal government is pleased to appoint Shahzada Naeem Bokhari as Independent Director of Pakistan Television Corporation Board.”
It further stated: “The federal government has also approved nomination of Shahzada Naeem Bokhari as chairman PTVC Board in line with the Pakistan Television Corporation […]. The chairman shall, unless he resigns earlier, hold office for a period of 3 years. The board of directors, PTVC, is directed to ratify his nomination as chairman.”
IHC restrains Naeem Bokhari from working as PTV chairman
Justice Minallah sends summary of appointment back to cabinet, says clear reason needs to be given to relax upper age limit.
www.dawn.com
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