Appointment in Pemra challenged in IHC

ISLAMABAD ( BMZ REPORT )

Raja Saimul Haq Satti filled writ against illegal appointments in pemra. Justice amir farooq ordered detailed para wiase comments and report along with record.

The Petitioner qualifies on merit for the post of Consultant (Legal), PEMRA having on hand 16-Years’ experience while the candidate low on merit was appointed / recommended by the Respondents in violation of the fundamental rights of the petitioner guaranteed in the constitution,

The petitioner prayed that the appointment made is illegal, against the recruitment policy and based upon demerit, nepotism, mismanagement, corruption / corrupt practices, favoritism or arbitrary decisions in making of appointment in question that too without assigning any reason whatsoever and dropped 2^nd Post and the name of the Petitioner tantamount to gross miscarriage of justice and fair play.

Under the circumstances, it is, most respectfully prayed that the instant application may graciously be accepted and kindly issue direction to the respondents to provide the certified copies of the following documents to the petitioner in the interest of justice enable him to agitate the encroachment made upon his legal rights as after appointing one blue eyed person draped the post:-

Copy of summary and the approval / recommendations for the advertisement / appointment of the posts mentioned supra.

Copy of minutes of the 1^st meeting after taking necessary approval / recommendations for the advertisement / appointment of the following posts

III.        Copy official advertisement sent to newspapers for publication.

Copy of the 2^nd meeting whereby through proper way the names of ‘Recruitment / Selection Committee’ was finalized.

Copy of ‘Recruitment / Selection Committee’ for the said posts.

List of candidates qualified 1^st interview along with their CVs and experience certificates and academic qualification. 

VII.        List of candidates called for last interview.

VIII.        Final results, marks, notification

 

It is also prayed that keeping in view the observation made my worth Public accounts committee in a recent meeting in order to expedite the government cases of Rs 400 billion pending in various courts of laws, Attorney General of Pakistan (AGP) must formulate new Standard Operating Procedures (SOPs) for ministries and government departments and Auditor General of Pakistan revealed that it was a tip of iceberg as Rs 400 billion public money is under litigation in last 13 years which were identified in 10 percent audit of whole record of ministries and government departments. “If we carry out whole audit than the amount may go up to trillions” and he suggested three-pronged strategy is being devised to deal with court cases, involving public money and he emphasized that the secretary should be empowered to hire lawyers or legal firms instead of sending request to Ministry of Law and Justice and secondly, new SOPs must be made to deal court cases and a data of courts cases involving public money should be maintained. It is the need of the hours to promote the atmosphere of accountability and uprightness in the countries try like other countries; While the modern world is moving towards accountability and transparency.

ISLAMABAD HIGH COURT

ISLAMABAD

 

Writ Petition No. _____/2016

 

Saimul Haq Son of Dr abdul Haq R/O Barrister & al Haq Corporate Law Firm, Suite No 23-F, Al Madina Chambers, District courts, Rawalpindi.

 

… Petitioner

VERSUS

 

1. The Federal Govt through Secretary Cabinet Division, Pak Secretariat, Islamabad.
2. The Ministry of Information, Broadcasting & National Heritage through its secretary,  4^thFloor, Cabinet Block, Pak. Secretariat, Islamabad, Pakistan.
3. The principal officer ‘Recruitment / Selection Committee’, PEMRA Headquarters, Mauve Area G-8/1,Islamabad.
4. The worthy chairman, PEMRA Headquarters, Mauve Area G-8/1, Islamabad. 92 (51) 9107151-3
5. Executive Member, PEMRA Headquarters, Mauve Area G-8/1, Islamabad.
6. The GM (Legal), PEMRA Headquarters, Mauve Area G-8/1, Islamabad.

… Respondents

 

WRIT PETITION      U/As 199 & 19.A of the Constitution of Islamic Republic of Pakistan.

 

Respectfully Sheweth,

 

That brief facts leading to the instant writ petition are:-

 

1. The Petitioner is a respectable citizen, regular Taxpayer and a practicing lawyer since long; the law casts duty and responsibility on the lawyers being watchdog of society to keep an eye on the violation of laws and if any such encroachment takes place they must recourse to the court of law for redress of such encroachments and violations, hence the instant petition.

 

2. That the Petitioner qualifies on merit for the post of Consultant (Legal), PEMRA having on hand 16-Years’ experience while the candidate low on merit was appointed / recommended by the Respondents in violation of the fundamental rights of the petitioner guaranteed in the constitution,

 

3. That despite of the fact that petitioner time and again applied for the required documents from the respondents but all in vain. Annexures-A

 

4. That the appointment made is illegal, against the recruitment policy and based upon demerit, nepotism, mismanagement, corruption / corrupt practices, favoritism or arbitrary decisions in making of appointment in question that too without assigning any reason whatsoever and dropped 2^nd Post and the name of the Petitioner tantamount to gross miscarriage of justice and fair play. Hence, the appointment of Consultant (Legal) be reviewed/ set aside and Respondents appoint next two person falling on merit list after providing the documents applied for by the Petitioner. Doing so, can ensure that there is no total disregard for merit, violation of rules and nepotism have become a norm at The PEMRA that was established under PEMRA Ord, 2002 to facilitate and regulate the private electronic media having mandate to improve the standards of information, education and entertainment and to enlarge the choice available to the people of Pakistan Including news, current affairs, religious knowledge, art and culture as well as science and technology.

 

5. That the Historic 18th Amendment (April 2010) by inserting a new Article 19-A in the Constitution has acknowledged the Citizens Right to Information. The Article 19-A about the Right to information says:-

 

“Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law”.

 

6. That the rationale to amend the Article 19 of The Constitution-1973 ‘the right of access to official information’ is protected by the Constitutions of Fifty Countries in the World.  Pakistan is signatory to both the Universal Declaration of Human Rights (1948) and International Covenant on Civil and Political Rights (ICCPR). Pakistan inked the ICCPR on April 18, 2008. These Global Instruments explicitly acknowledge the citizens’ right to know.  Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.  (Article 19, the Universal Declaration of Human Rights (UDHR) 1948). Everyone shall have the right to freedom of opinion. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any media of his choice. For ready reference {article 19, the international covenant on civil and political rights 1966}.

 

7. The more so, Article 19-A of the Constitution of Pakistan 1973 states: every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the Glory of Islam or the integrity, Security or Defence of Pakistan or any part thereof, Friendly Relations with Foreign States, Public Order, decency or morality, or in relation to contempt of court.

 

8. That it is held in 2011 PLC(CS) 1553 LHC, Samina Kanwal Vs. Director Punjab Forestry Research Institute, Faisalabad, “ …contractual appointment —Clause “without assigning any reason (No reason clause)” in contract—Validity—Such clause in a contract of appointment does not stand the test of due process and fundamental rights under Articles 4, 9, 14 and 25 of the Constitution, rule of law, reason, logic, ethics and good governance—While the modern world is moving towards accountability and transparency, the “no reason clause” reflects unfettered, un-muffled and unchecked discretion—Such a clause has no place in a constitutional democracy, which rests on the supremacy of rule of law—“No reason clause” can be a recipe for corruption, mismanagement, nepotism and jobbery—Foundations of good governance are based on reasons, accessibility, accountability, transparency, participation, consensus, inclusiveness, efficiency, ethics and responsiveness—Such clauses, therefore, ex facie lack the requirement of fairness and procedural due process thereby offending Article 4 of the Constitution—‘No reason clause’ is also facially discriminatory besides being liable to be used in a discriminating manner thereby violating Article 25 of the Constitution…”

 

9. That the instant Petition is being made on violation of fundamental rights of the Petitioner guaranteed by the constitutional of Pakistan.

 

10. That, hopefully, the Respondents  under the chairmanship of worthy chairman convened 1^stmeeting after taking necessary approval / recommendations for the advertisement/appointment of the following posts in the month of 16^th of April, 2016 purely on merit and shown transparency:-

 

2.         Consultants (Legal)                          02.Post
3.         Consultant (Operations)                   01.Post

III.        Consultant (Media)                 01.Post

 

==Junior Consultant==

1.         Public Relation                                 01.Post
2.         HR                                                  01.Post
3.         Admin                                              01.Post

VII.        Operation, Coordination/research    01.Post

VIII.        E.Media Research & Policy              01.Post

 

 

11. That thereafter, hopefully, the Respondents  have convened 2^nd meeting and constituted ‘Recruitment / Selection Committee’ for the said purpose feeling it necessary that it’s a public trust assigned to them and embezzlement therein constitute serious cognizable offences under law of land and notified some impartial, fair, credible, up right and honest members for the recruitment.

 

12. That the Petitioner  amongst the others aspirant candidates have applied for one of the post of the CONSULTANT (LEGAL) and duly submitted complete Petition  along with experiences letters and track record before the ‘‘RECRUITMENT / SELECTION COMMITTEE’.

 

13. That the ‘‘Recruitment / Selection Committee’ ’ after doing necessary as per advertisement have shortlisted the Petitioner  for the said post and called for 1^st Interview and the Petitioner  appeared in the same and again qualified being top on merit.

 

14. That thereafter the ‘‘Recruitment / Selection Committee’ ’ has finalized the Petitioner and three more other candidates for the Final interview to be conducted by only worthy chairman PEMRA wherein the Petitioner appeared and qualified as chairman himself orally talked on some ToRs, joining date, Package, etc after getting himself satisfied from the question he put to the Petitioner and asked the Petitioner wait for few weeks for issuance of formal letter.

 

15. That thereafter the Petitioner  went pillar to post for getting the result or outcome of interview but all in vain, rather it is heard that against merit and compromising on rules and regulations, principle laid down by supreme court, a candidate of senior bureaucrat was appointed as Consultant (Legal) who has not even a single judgment of apex court or independently conducted any case(s) in apex court of the country but was appointed on the bases of upon nepotism, mismanagement, corruption / corrupt practices, favoritism or arbitrary decisions that too without assigning any reason whatsoever dropped the name of the Petitioner  for the said post tantamount to gross miscarriage of justice and fair play, forcing the Petitioner  to put the law in motion while placing the lis before court of law for judicial review and asking for action to be taken those involved or responsible. Recently, the apex court of the country also while making judicial review passed a landmark judgment even against its own high court’s appointment without compromising on merit.

 

16. That the act of the Respondents  has introduced trends of demerit while encourage nepotismand discourage transparent due process of law against law and Constitution while apex court again and again emphasized on that institution are being destroyed if promotions / appointments are made in violation of laws and days are gone when appointing authority of such post were not accountable.

 

17. That the Petitioner went pillar to post for obtaining the documents mentioned below but all in vain, hence this Petition .

 

18. That the Following Documents, which are in the possession of PEMRA, and refused to provide the certified copies of the same:-

 

 

1.         Copy of summary and the approval / recommendations for the advertisement / appointment of the posts mentioned supra.
2.         Copy of minutes of the 1^st meeting after taking necessary approval / recommendations for the advertisement / appointment of the following posts

                                                  III.        Copy official advertisement sent to newspapers for publication.

1.         Copy of the 2^nd meeting whereby through proper way the names of ‘Recruitment / Selection Committee’ was finalized.
2.         Copy of ‘Recruitment / Selection Committee’ for the said posts.
3.         List of candidates qualified 1^st interview along with their CVs and experience certificates and academic qualification.

                                                VII.        List of candidates called for last interview.

                                              VIII.        Final results, marks, notification.

 

19. That the Petitioner  went pallor to post for obtaining the documents but all in vain as the responsible are knowingly and wittingly exploiting the situation by not providing the copy of the aforesaid documents.

 

20. That the acts/omissions of responsible are discriminatory, mala fide & unconstitutional.

 

 

21. That the superior judiciary of the country and the Court of apex have always been deprecating the practice to extend benefits to a special segment of the society depriving the most depressed segment of the society. Therefore, the acts or omissions of the responsible are prima feciadiscriminatory, unwarranted, unconstitutional and illegal.

 

22. That by no stretch of imagination the Petitioner could be deprived of from his fundamental right ensured by the constitution and the petitioner has a strong prima facie case in his favor and hopes to succeed in it.

 

23. That the balance of convenience lies in favor of the Petitioner, failing which the petitioner shall suffer irreparable loss.

 

24. That there is no other speedily, efficacious and adequate remedy except to invoke the jurisdiction of this august court.

 

PRAYER

 

Under the circumstances, it is, most respectfully prayed that the instant application may graciously be accepted and kindly issue direction to the respondents to provide the certified copies of the following documents to the petitioner in the interest of justice enable him to agitate the encroachment made upon his legal rights as after appointing one blue eyed person draped the post:-

1.         Copy of summary and the approval / recommendations for the advertisement / appointment of the posts mentioned supra.
2.         Copy of minutes of the 1^st meeting after taking necessary approval / recommendations for the advertisement / appointment of the following posts

                                                  III.        Copy official advertisement sent to newspapers for publication.

1.         Copy of the 2^nd meeting whereby through proper way the names of ‘Recruitment / Selection Committee’ was finalized.
2.         Copy of ‘Recruitment / Selection Committee’ for the said posts.
3.         List of candidates qualified 1^st interview along with their CVs and experience certificates and academic qualification.

                                                VII.        List of candidates called for last interview.

                                              VIII.        Final results, marks, notification.

 

It is also prayed that keeping in view the observation made my worth Public accounts committee in a recent meeting in order to expedite the government cases of Rs 400 billion pending in various courts of laws, Attorney General of Pakistan (AGP) must formulate new Standard Operating Procedures (SOPs) for ministries and government departments and Auditor General of Pakistan revealed that it was a tip of iceberg as Rs 400 billion public money is under litigation in last 13 years which were identified in 10 percent audit of whole record of ministries and government departments. “If we carry out whole audit than the amount may go up to trillions” and he suggested three-pronged strategy is being devised to deal with court cases, involving public money and he emphasized that the secretary should be empowered to hire lawyers or legal firms instead of sending request to Ministry of Law and Justice and secondly, new SOPs must be made to deal court cases and a data of courts cases involving public money should be maintained. It is the need of the hours to promote the atmosphere of accountability and uprightness in the countries try like other countries; While the modern world is moving towards accountability and transparency.

Any other relief which this Honorable court, may deems fit and proper, may also be awarded to the petitioner.

Petitioner in person

And

Sardar Adnan Saleem Khan Mazari

Advocates

CERTIFICATE:

 

        As per instructions, received from the petitioner, it is certified that this is the first writ petition on the subject matter, being moved before this Honorable Court.