| Case ID |
2d0a56ea-2336-4add-b80e-cb19a8132169 |
| Body |
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| Case Number |
Civil Petitions Nos. 1716 to 1724 of 2022 |
| Decision Date |
Jul 25, 2022 |
| Hearing Date |
Jul 25, 2022 |
| Decision |
The Supreme Court of Pakistan ruled that appointments to honorary public offices, such as the Chairperson and Members of the Council of Complaints (COC) of the Pakistan Electronic Media Regulatory Authority (PEMRA), must be made through an open and competitive process. The court emphasized that while the law does not explicitly require the advertisement of these positions, the principles of transparency and meritocracy necessitate it. The court directed that the government should not only advertise the positions but also conduct its own search for suitable candidates, ensuring that all potential candidates are assessed against objective criteria. This decision underscores the importance of selecting individuals of eminent stature for these roles and maintaining public confidence in the appointment process. |
| Summary |
In the case of Pakistan Electronic Media Regulatory Authority vs. ARY Communications Ltd., the Supreme Court of Pakistan addressed the issue of whether honorary appointments to public offices, specifically the Chairperson and Members of the Council of Complaints (COC) of PEMRA, should undergo a transparent selection process. The court held that such appointments must be made through an open and competitive process to ensure that the most qualified candidates are chosen for roles that significantly impact public life and media regulation. The importance of public trust and the integrity of the appointment process was highlighted, with the court calling for both advertisement of positions and a government-led search for candidates to ensure a wide pool of applicants. This ruling reinforces the principles of meritocracy, transparency, and accountability in public appointments, ultimately aiming to enhance the governance and performance of regulatory bodies like PEMRA. The decision aligns with constitutional guarantees of equality and non-discrimination in public service appointments, emphasizing that even honorary roles must meet high standards of selection. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Electronic Media Regulatory Authority,
ARY Communications Ltd.
|
| Judges |
UMAR ATA BANDIAL, C.J.,
SYED MANSOOR ALI SHAH, J.
|
| Lawyers |
Haroon Dugal,
Mohsin Hameed Dohar,
Jalal Haider,
Ayan Mustafa Memon
|
| Petitioners |
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY
|
| Respondents |
ARY COMMUNICATIONS LTD.
|
| Citations |
2022 SLD 2314,
2022 SCMR 1923
|
| Other Citations |
Moinuddin v. State of Uttar Pradesh AIR 1960 All 484,
Chief Secretary Punjab v. Abdul Raoof Dasti 2006 SCMR 1876,
Syed Mubashir Raza Jaffri v. Employees Old Age Benefits Institutions (EOBI) 2014 SCMR 949,
Muhammad Ashraf Tiwana v. Pakistan 2013 SCMR 1159,
Muhammad Yasin v. Federation of Pakistan PLD 2012 SC 132,
Hadayat Ullah v. Federation of Pakistan 2022 SCP 242
|
| Laws Involved |
Pakistan Electronic Media Regulatory Authority Ordinance, 2002,
Constitution of Pakistan, 1962
|
| Sections |
26,
25,
27
|