| Case ID |
387cc459-be43-405b-9b32-af564cc21ede |
| Body |
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| Case Number |
W.P No. 38449 of 2015 |
| Decision Date |
Dec 18, 2017 |
| Hearing Date |
Nov 29, 2017 |
| Decision |
The Lahore High Court ruled on the legality of the appointment of Mr. Absar Alam as Chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) through an advertisement that did not adhere to the standards set forth in previous judicial rulings. The court determined that the appointment process lacked transparency and failed to comply with the necessary qualifications and selection procedures mandated by the law, particularly the PEMRA Ordinance. The court emphasized the importance of an objective and rigorous appointment process to ensure that the Chairman of PEMRA is an eminent professional with integrity and competence in the relevant fields. The court's decision highlighted the need for adherence to established legal frameworks in appointments to regulatory bodies, ensuring that such appointments are made through a fair and transparent process. |
| Summary |
The case W.P No. 38449 of 2015 was heard by the Lahore High Court, where the legality of the appointment of Mr. Absar Alam as Chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA) was challenged. The petitioners sought a declaration that the notification appointing Mr. Alam was without lawful authority. The court analyzed the appointment process, which was criticized for lacking transparency and not adhering to the rigorous standards established by previous judicial rulings. The court underscored the importance of having a Chairman of PEMRA who possesses the requisite qualifications, integrity, and experience in media-related fields. In concluding its judgment, the Lahore High Court emphasized the necessity for a transparent and objective selection process for key appointments in regulatory bodies, thus reinforcing the principle of accountability in public service. This case is significant in the context of administrative law and the governance of electronic media in Pakistan, as it sets critical precedents for future appointments in similar regulatory authorities. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Pakistan,
Pakistan Electronic Media Regulatory Authority
|
| Judges |
SHAHID KARIM, JUSTICE
|
| Lawyers |
M/s Mohammad Azhar Siddique,
Abdullah Malik,
Munir Ahmad,
Muhammad Iram,
Mian Shabbir Asmail,
S. Perveen Mughal,
Muhammad Rizwan,
Mafia Kausar,
Adeel Hassan,
Mr. Ali Shah Gillani,
Mr. Bilal Ahmad,
Mr. Nadeem Mehmood Mian
|
| Petitioners |
Munir Ahmad,
M/s Mohammad Azhar Siddique,
Abdullah Malik,
Muhammad Iram,
Mian Shabbir Asmail,
S. Perveen Mughal,
Muhammad Rizwan,
Mafia Kausar,
Adeel Hassan
|
| Respondents |
FEDERATION OF PAKISTAN & OTHERS
|
| Citations |
2017 SLD 1609,
2017 LHC 4092
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Electronic Media Regulatory Authority Ordinance, 2002,
Civil Procedure Code (V of 1908),
Pakistan Electronic Media Regulatory Authority (Amendment) Ordinance, 2007
|
| Sections |
199,
6,
6(2),
6(3),
12(2),
151,
7,
7(1),
9
|