ISLAMABAD: The Cabinet Division has moved the Supreme Court against a stay granted by the Lahore High Court (LHC) against transfer of five regulatory authorities to respective ministries and divisions.
On December 12, 2016, the Cabinet issued a memorandum in which five regulatory authorities were transferred to their respective ministries.
The authorities are National Electric Power Regulatory Authority (NEPRA), Pakistan Telecommunication Authority (PTA), Frequency Allocation Board (FAB), Oil and Gas Regulatory Authority (OGRA) and Public Procurement Regulatory Authority (PPRA).
However, on February 21, a single-member bench of LHC suspended the memorandum on the writ petition of Pakistan Tehreek-e-Insaf (PTI) leader Jahangir Khan Taree
n until the next date of hearing (April 21).
Now law officer Sajid Bhatti moved the SC, making PTI leaders Jahangir Khan Tareen, Shafqat Mehmood and Shireen Mazari respondents.
“As a matter of fact the attached department or regulatory authorities were already attached to one or another division of the federal government and there was a new allocation in the larger public interest by the prime minister in exercise of the power vested in him by Article 90 which
was in line with the letter and sprite of the constitution and rules,” the application read.
It added that the existing Rule 3 of Rules of Business 1973 had not been declared ultra vires by the SC thus the transfer of the authorities
was in accordance with law, adding that it seemed that this aspect had escaped the notice of the LHC.
“The suspension of the memorandum by the LHC appears to have provided the final ad-interim stage which seems to ignore the settled principle and practice of the HC that the final relief cannot be granted at ad-interim stage,” the application added.
“Suspension of the memorandum has direct nexus with the public revenue; therefore, the balance of inconvenience lies in favor of the present petitioner as much as the respondent and it may burdened financial liability and irreparable loss,” the application read further.
“LHC failed to
consider the Article 154 (1) wherein the Article provide power to the Council of Common Interest to formulate and regulate policies in relation to matters provided in Part II of the Federal Legislative List and exercise
supervision and control over related institutions but the transfer of Regulatory Authorities to their line Ministries in the instant matter is purely an administrative measure to deal with day to day routine matter shall not come within the ambit of CCI,” the application read.
It added that LHC had also not
considered this fact that the independent and autono
my of the authorities were enshrined in their respective statute and no change had been made in those, therefore, they continued to be as independent and autonomous as before. The suspension is not in accordance with the law on the subject at all, the application further stated.
