| Citation(s) |
|---|
| 2024 SLG 5277 2024 SLD 5277 2024 PLC 803 |
Supreme Court of Pakistan
Civil Review Petition No. 835 of 2018 in HRC No. 3654 of 2018, Civil Review Petitions Nos. 866, 867 and 868 of 2018, C.M.As. Nos. 11306 and 11172 of 2018, decided on 21st March, 2024.
Present: Qazi Faez Isa, CJ, Irfan Saadat Khan and Naeem Akhtar Afghan, JJ
Zafar Ullah Khan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner (in C.R.P. No. 835 of 2018). Salman Aslam Butt, Sr. Advocate Supreme Court and Shoaib Rashid, Advocate Supreme Court for Petitioner (in C.R.P. No. 866 of 2018). Fawad Hassan Fawad, In-person (in C.R.P. No. 867 of 2018). Muhammad Akram Sheikh, Sr. Advocate Supreme Court for Petitioner (in C.R.P. No.868 of 2018). Muhammad Nazir Jawwad, Advocate Supreme Court (on behalf of PTV).
Civil Review Petition No. 835 of 2018 in HRC No. 3654 of 2018, Civil Review Petitions Nos. 866, 867 and 868 of 2018, C.M.As. Nos. 11306 and 11172 of 2018, decided on 21st March, 2024.
Present: Qazi Faez Isa, CJ, Irfan Saadat Khan and Naeem Akhtar Afghan, JJ
Zafar Ullah Khan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner (in C.R.P. No. 835 of 2018). Salman Aslam Butt, Sr. Advocate Supreme Court and Shoaib Rashid, Advocate Supreme Court for Petitioner (in C.R.P. No. 866 of 2018). Fawad Hassan Fawad, In-person (in C.R.P. No. 867 of 2018). Muhammad Akram Sheikh, Sr. Advocate Supreme Court for Petitioner (in C.R.P. No.868 of 2018). Muhammad Nazir Jawwad, Advocate Supreme Court (on behalf of PTV).
ERVAIZ RASHEED and 3 others
VERSUS
PAKISTAN TELEVISION CORPORATION
Law: Constitution of Pakistan, 1973
Section: 84(3) & 188-
Constitution of Pakistan-------Arts. 184(3) & 188---Chairman and Managing Director of Pakistan Television Corporation ("PTV")---Appointment, salary and allowances---Legality---Purported financial loss caused to PTV, recovery of---By way of judgment under review [which was heard and decided under Article 184(3) of the Constitution) the appointment of petitioner as Chairman and Managing Director of PTV was declared illegal and directions were given to recover the purported loss to PTV from four persons, i.e., the petitioner, the then Minister for Information, Minister for Finance and Secretary to the Prime Minister---Validity---Article 184(3) of the Constitution is an extraordinary power bestowed by the Constitution on the Supreme Court and it may be invoked when Fundamental Rights of the people are under attack or are being undermined---It is questionable whether the emoluments of a single individual would justify invoking the jurisdiction of the Supreme Court under Article 184(3)---Applicability of the Articles 18 and 25 is also not self evident, and it has not been explained in the judgment under review, how either of these two provisions were attracted---Factual determination of the purported loss was arbitrary and also incorrect---Petitioner was paid just a little more than his predecessor, which if inflation is factored in would be justified---It was a material error to assume that petitioner's programme's air time was lost revenue; it could also be contended that his programme contributed towards PTV's earnings---It would not be fair to penalize someone on the basis of mere conjecture---There is no evidence to suggest that an amount of Rs.197,867,491 was paid to the petitioner or that he had caused such a loss to PTV---As regards the salary of one million and five hundred thousand rupees being paid to the petitioner is concerned, it was just a little over what was paid to the previous MD, which was an important fact which was overlooked and also the fact that the petitioner's increased salary a few years later could be justified on account of inflation---In these circumstances, to seek the recovery of an arbitrarily determined loss was neither legally…
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