Regulatory authorities: government urged to implement courts orders & Senate chief's ruling

The Senate Standing Committee on Devolution has recommended the federal government to respect and implement the orders of high courts as well as the ruling of the chairman Senate and withdraw the notification regarding placement of regulatory authorities under the line ministries.
The committee met with Senator Mir Kabeer Ahmed Muhammad Shahi in the chair at the Parliament House on Thursday. The committee discussed the issues relating to five regulatory bodies, including National Electric Power Regulatory Authority (Nepra), Oil and Gas Regulatory Authority (Ogra), Pakistan Telecommunication Authority (PTA), Frequency Allocation Board (FAB) and Public Procurement Regulatory Authority (PPRA), and Ministry of Inter-Provincial Coordination.
Prime Minister Muhammad Nawaz Sharif on December 19, 2016 took a major policy decision and transferred the administrative control of five key regulatory bodies to the respective ministries. According to the notification issued by the Cabinet Division, Nepra had been given under the control of the Water and Power division, OGRA under the Petroleum and Natural Resources Division, PTA and FAB under the Information Technology and Telecom Division and the PPRA under the Finance Division.
The committee recommended that the government should respect and implement the decisions of Lahore High Court, Islamabad High Court and Peshawar High Court and the ruling of the chairman Senate regarding the regulatory bodies. Senate Chairman Raza Rabbani had given the ruling on February 19, 2017 in which he termed the transfer of five regulatory bodies to the relevant ministries without the approval of Council of Common Interests as unconstitutional.
The committee also recommended the federal government to withdraw appeal filed in the Supreme Court against various high courts verdicts through which such notification has been suspended. The committee recommended that the issue of regulatory bodies should be discussed in CCI and sought cut of date for the establishment of the CCI secretariat.
Senator Taj Haider of Pakistan Peoples Party Parliamentarians (PPPP) said that there is some intention of the federal government that is why it is not implementing the orders of the high courts and ruling of the chairman Senate. The regulatory bodies fall in the Federal Legislative List-2 of the Constitution and the CCI deals with them, he added.
"Why is the federal government wasting the time of the apex court and violating the Constitution? The government has filed the case just to linger on this issue. Why is the government not referring it to the CCI for discussion?" he questioned. Taj Haider said that eight years have been passed to the devolution of the ministries under 18th Constitutional Amendment but the government could not establish the CCI secretariat. If there is any problem to the government then it should tell to the committee, he elaborated.
Senator Kamal Ali Agha said that after the notification, the basic concept of independent of regulatory bodies has been finished. The action of the government is tantamount to violation of the Constitution, he added. Senator Barrister Saif said that the basic purpose of the regulatory authorities is to monitor and regulate the functions of the government. These bodies play a role of an umpire but their role would end when the government would take their financial and administrative control.
Secretary Cabinet Division Nadeem Hassan Asif told the committee that the regulatory bodies were placed under the line ministers for only facilitation and administration, adding that the government did not change their laws, rules and regulations. The government could not interfere in their functions. After notification, now they are playing their role independently, he said adding that the cabinet had also approved their notification.