ISLAMABAD: The appointment of Competition Commission of Pakistan (CCP) chairperson Rahat Kunain Hassan is said to be a clear violation of Section 14 of the Competition Act 2010, well informed sources told Business Recorder.

According to Section 14 of the Competition Act, 2010, the chairman/chairperson has to be appointed amongst the members of the Commission. First the person has to be notified after taking into account various procedures as a member and thereafter federal government with reasons may appoint the Chairperson.

Some of the Cabinet members raised questions on the appointment of Ms Rahat Kunain Hassan.

On July 7, Finance Division stated that Members of the Competition Commission of Pakistan (CCP) were appointed by the federal government under Section 14 of the Competition's Act, 2010 and amongst the Commission members the federal government shall appoint the chairman. No person shall be recommended for the appointment as a member unless a person possesses a post-graduate degree in the relevant field from a recognized institution and is known for his integrity, expertise, eminence and experience for not less than ten years in any relevant field including industry, commerce, economics, finance, law, accountancy or public administration.

The three positions of the CCP Member were advertised in the national newspapers on April 25 and 26. In response to the advertisement one hundred and twenty one (121) applications were received by the closing .slate which were scrutinized by a Committee comprising Ahmed Mujataba Memon, Additional Finance Secretary (HRM), Akhtar Jan Wazir, Additional Secretary, Establishment Division, Sohail Rajput, Additional Finance Secretary (IF/ Inv), Kamran Ali Afzal, Additional Finance Secretary (EF) and Dr Arshad Mahmood, Additional Finance Secretary (Exp), in its meeting held on May 15. After assessment of the CVs and credentials of all the candidates on the basis of their educational background and quality, relevance and delivery of their experiences, the committee finalized the list of candidates in order of their merit for consideration of the selection committee.

The top 15 candidates in order of merit were called for interview with a selection committee, comprising Adviser to Prime Minister on Finance and Revenue Dr Abdul Hafeez Shaikh, Adviser to Prime Minister on Institutional Reforms & Austerity Dr Ishrat Hussain, Adviser to Prime Minister on Commerce and Investment Abdul Razak Dawood, Finance Secretary Naveed Kamran Baloch and Secretary Establishment Dr Ijaz Munir on June 6. Out of the 15 candidates called for interview, ten appeared in person, four were interviewed through video link. One candidate did not appear for interview.

The committee unanimously recommended the following panel of nine persons in the order of merit for appointment against three posts of the member of CCP;(i) Ms Rahat Kaunan Hassan;(ii) Ms Shomaila Loan;(iii) Mueen Batlay;(iv) Samir Ahmed ;(v) Muhammad Bilal; (vi) Salman Amin (vii) Mujtaba Ahmad Lodhi; (viii) Ikram Ul Haque Qureshi; and (ix) Khaqan Hassan Najeeb.

As per recommendations of the Selection Committee, Finance Division proposed that Ms Rahat Kaunain, Ms Shomaila Loan and Mueen Batlay may be appointed as Members of Competition Commission of Pakistan with immediate effect for a term of three years.

It was further proposed that Ms Rahat Kaunain may also be appointed as chairperson of the Competition Commission of Pakistan with immediate effect for a period of three years in accordance with Section 14 of the Competition Act, 2010. The selection committee has no powers to recommend or appoint Chairperson/ Chairman as it is the sole prerogative of federal government.

During discussion, the members discussed at length the antecedents of the candidates. It was opined that opportunity should also be given to candidates who were not linked with the local industry.

It was fretted that affiliations and loyalty with the local businesses could provide mafias an opportunity to influence the decisions of the Commission. It was found that apparently the candidate at serial number 7 of para 4 of the summary was not linked to local industry since most of his experience was outside Pakistan as compared to serial number 3,4,5 & 6 who had been found compromised in one way or other.

Official documents further reveal that the suitability of the candidate recommended for the position of chairperson was also questioned as it was noted that Ms Rahat had held the position in past as well without making a mark.

The Cabinet considered the summary titled 'Appointment of Members, Competition Commission of Pakistan (CCP)' of June 8, 2020, submitted by Finance Division, and approved the following as Member of the CCP, with immediate effect for a term of three years:

i. Ms Rabat Kaunain Hassan Member, ii. Ms Shomaila Loan Member iii. Mujtaba Ahmad Lodhi Member.

The Cabinet further appointed Rahat Kaunain as chairperson of the Competition Commission of Pakistan with immediate effect for a period of three years in accordance with Section 14 of the Competition Act, 2010.

Informed sources said, Ms Shomail Loan is unlikely to join CCP as she has got a good job in a private company in Karachi, adding that efforts are not made to clear the name of Ikram ul Haque Qureshi who was on number viii in the order of merit.

Mujtaba Lodhi who was picked up from number vii in the order of merit has also raised questions.

Copyright Business Recorder, 2020