Case Details

Citation(s)
2018 SLG 3 2018 SLD 3
Supreme Court of Pakistan
S.M.C. 7 of 2017 and C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017, DATE of decision & hearing: 03-01-2018
MR., JUSTICE MUSHIR ALAM, JUSTICE, MR., JUSTICE QAZI FAEZ ISA, JUSTICE
For Federation. Mr. Ashtar Ausaf, Attorney General for Pakistan For Islamabad. Mian Abdur Rauf, AG, Islamabad. For Govt of Punjab. Mr. Razzaq A. Mirza, Addl. AG Pb. For M/o Defence. Lt. Cdr. Shafiq ur Rehman, Dy. Director (Legal) For PEMRA. In CMA 88

Suo Moto Action Regarding Islamabad court -Rawalpindi Sit-in (Dharna) Case (S.M.C.7/2017)

Impleadment Application by S. Iftikhar Gillani

(C.M.A.8732/2017 S.M.C.7/2017)

Impleadment Application by Siraj Ahmed and others

(C.M.A. 8803/2017 S.M.C. 7/2017

Law:

Section:

THIS ORDER PASSED BY: MUSHIR ALAM, JUSTICE:---.--- C.M.As. 8732 and 8803 of 2017 The Civil Misc. Applications No.8732 and 8803 of 2017 seek impleadment as a party in this Suo Moto Case No.7 of 2017. This Court has already taken notice of the matter and adding parties may encourage uncalled for further applications that may detract from the issue in hand, accordingly, both these application are dismissed. It may however be noted that the learned Attorney General for Pakistan has undertaken to look into the grievance of Syed Iftikhar Hussain Gillani, learned Sr. ASC as mentioned in his application (CMA 8732 of 2017) which pertains to the right of way under the Constitution and to access this Court. 2. PEMRA has filed a report with loads of documents, we may observe that such report is not in compliance with the order of this Court dated 30.11.2017. The report called for was required to be confined to the matter in issue. The report filed is self laudatory and refers to action taken by PEMRA against various media houses in respect of other matters. We were dismayed by the assistance rendered by Ms. Amna Nasir, Head (Legal) and Sardar Irfan, DG, PEMRA on behalf of the PEMRA, they, however, apologized for the inconvenience caused to the Court sought to withdraw CMA No.26 of 2018, which is allowed to be withdrawn. Let the fresh concise statement confining to the matter in issue be filed within ten days with advance copy to the learned Attorney General for Pakistan who may assist the Court, as to the manner in which PEMRA, is required to act and perform its duties in accordance with law and whether it did so in this matter. 3. The representatives of PEMRA stated that the office of Chairman, PEMRA is vacant. It may be observed that under the law absence of any member of the authority does not make the authority non-functional. The legal department and other departments continue their working and independently assist the authority, therefore, such plea is not accepted. 4. Lt. Cdr. Shafiq ur Rehman, Deputy Director Ministry of Defence (an officer of BPS-18) is in attendance and states that the Inter Services Intelligence (ISI) is under the control of Ministry of Defence…
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