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SC declares Qasmi appointment as PTV Chairman and two years actions illegal

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ISLAMABAD, (TLTP) : Reimbursing substantial amount of Rs197.9 million may be possible in response to Supreme Court verdict that declared a literarian Ataul Haq Qasmi appointment against the slot of Chairman Pakistan Television illegal but how it would be feasible to reverse all administrative actions he took during tenure in office from December 23, 2015, to December 12, 2017.

Announcing its 48-page reserved verdict in a suo moto case over Qasmi’ appointment tenure in office on Thursday Supreme Court not only declared appointment of Ataul Haq Qasmi illegal but also asked Qasmi and three others to re-pay Rs197.9 million to national kitty amid declaring all administrative actions of Qasmi beyond the scope of duties of Chairman unlawful during two years tenure.

“The administrative actions taken by Mr. Qasmi are beyond the scope of duties of a Chairman, therefore all such orders passed by him during his tenure are declared to be illegal and void ab initio”, the verdict said.

A play writer, columnist, and author of more than 20 books, Ataul Haq Qasmi have also been found liable for lacking fiduciary behavior according to the apex court so the decision led to his ineligibility from overseeing any company as Director for life.

“On account of lack of fiduciary behavior, Mr Qasmi is declared to be ineligible to be appointed as a Director of any company from the date of this judgment onwards”, a reported verdict pronounced.

Former eye and ear of the PML-N government Pervaiz Rashid, four-time Finance Minister Ishaq Dar who is on self-imposed exiled in London,  currently NAB’s detainee bureaucrat Fawad Hassan Fawad have also been directed to pay the amount to national exchequer under the ratio court has decided in the matter.

A three-member bench led by the Chief Justice Mian Saqib Nisar issued directives to PTV to recover 50 percent of Rs197.9 million from Ataul Haq Qasmi, the beneficiary of illegal acts.  A total of 20 percent from former Information Minister Pervaiz Rashid who ignored the law and disregarded duty while conferring the benefit on Qasmi.  As many as  20 percent from Ishaq Dar in the same reason of liability imposed to Pervaiz Rashid and 10 percent from Fawad Hassan Fawad, then secretary to Prime Minister over failure to act with due diligence and nonobservance of Esta Code in the appointment of Qasmi.

Granting two months time to all the four liable persons in the matter for reimbursing the determined amount, the court said in case they failed to observe the concession in availing opportunity then it would be the PTV to take action under the due process of law.

“These amounts are their liabilities and they must reimburse the same to PTV. We give them an opportunity to do so voluntarily. However, if they fail to do so within a period of two months, PTV is directed to recover the said amounts from them in the stated ratio as per the procedure in practice for the recovery of dues”, the bench of Chief Justice Mian Saqib Nisar said while announcing the reserved verdict.

Finally disposing of the suo-moto proceedings the Chief Justice Mian Saqib Nisar issued directives to the federal government that if the slot is vacant then the government would have to appoint a full-time MD PTV after fulfilling all legal, procedural and codal formalities, strictly in accordance with law.

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