Principal Secretary to the Prime Minister Fawad Hassan Fawad was grilled by Supreme Court on Monday on appointment of Attaul Haq Qasmi as managing director of the state-run Pakistan Television (PTV). The apex court also reserved its judgment regarding the appointment till next week. However, the proceedings regarding expenditure will continue. It also hinted at issuing a notice to the then Prime Minister, Nawaz Sharif, regarding "illegal" appointment of MD PTV.
Fawad, who is still serving as principal secretary to the prime minister after Sharif's disqualification, appeared before a three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar. Reprimanding the top baboo, the Chief Justice said: "Stand up...what's your name?" To this the most influential bureaucrat who is considered a close confidant of the Sharif brothers, stated in a low or indistinct voice: "My name is Fawad...Fawad Hasan Fawad."
During the course of the hearing, the Chief Justice lashed out at Fawad on learning that the appointment of the former PTV chairman had been approved over verbal orders from the former premier. "Which law allows you to obey verbal orders from the prime minister?" the CJP enquired during the hearing.
Fawad, in his defense, said that the practice of approving verbal orders by prime minister was not exclusive to his tenure and has been in place for "two decades". He then said that the summary of Qasmi's appointment was sent to the Establishment Division by PTV Board of Directors. It was then sent to the then Prime Minister Nawaz Sharif who approved it, Fawad told the court. He added that neither he nor the PM had approved financial privileges.
"I'm saying this under oath," he said. "The Finance Division had approved monetary incentives." The CJP told him that the court will summon representatives of the Finance Ministry as well.
Qasmi's counsel Ayesha Hamid said that the state television had earned a revenue of "Rs 600 million during the former MD's tenure." The CJP dismissed this argument and termed the appointment "against the law and based on dishonesty."
Chief Justice Mian Saqib Nisar also admonished former Information Minister Pervez Rashid for not appointing a lawyer, reminding him that the court had warned him of consequences if he failed to hire a legal representative.
The three-member bench also told Pervez Rashid that Article 62(1)(f) can be applied on him.
A representative of Ernst & Young (EY) will inform the apex court about the time required to perform a full audit in the next hearing. To a question by the Chief Justice if he has been doing all the work [at PM House] on verbal orders, Fawad said that the principal secretaries to the prime minister and president and the governors have no power to appoint someone on any position. When the bench asked about the rules for these kinds of appointments like that of Qasmi, Fawad had no idea which prompted the Chief Justice to say that the top bureaucrat of the country knows nothing about the rules.
"It hurts when a bureaucrat is insulted," he observed after reprimanding Fawad.
The bench separately ordered an audit of the monetary privileges given to Qasmi over the past two years by a private firm within a week. The former PTV chairman had received Rs 1.5m as salary and other benefits and was also allocated a special advertising budget for a programme he used to host on the PTV. That amount, in addition to other benefits, had rounded up to a massive sum of Rs 278m. The bench also directed Ernst & Young (EY) to audit the expenditure of Rs 278 million on the MD.
Qasmi had ignited a controversy in April 2017 when he appointed himself PTV MD while also remaining the chairman of the state-run broadcaster. A week ago, under immense pressure, he was replaced by Information Secretary Sardar Ahmed Nawaz Sukhera, who was appointed as acting MD at that time. The two had known differences, and Qasmi subsequently resigned in December last year saying that it had become "increasingly difficult... to work for the restoration of [the] past glory of PTV."
In an earlier hearing, the Chief Justice had warned if the appointment was found to have been illegal, all expenses incurred by the state-run broadcaster on Qasmi would be recovered from the person responsible for hiring him. "I want the man who conceived the idea of Qasmi leading the PTV," the Chief Justice had remarked.
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