Ministry of Law and Justice is reportedly consulting Chief Justice Supreme Court of Pakistan for appointment of a retired judge to fill vacancies in Appellate Tribunal of Competition Commission of Pakistan (CCP).
This was revealed at a recent cabinet meeting during discussion on a summary regarding appointment of Shaista Bano Gilani as acting Chairperson of CCP, after removal of Vidiyya Khalil considered as persona non grata by the Prime Minister.
Finance Division apprised the meeting that in compliance with the decision of the Federal Cabinet of April 4, 2018, the services of Vadiyya Khalil, Member/ Chairperson, Dr Muhammad Saleem and Dr Shahzad Ansar, Members of CCP were terminated on October 15, 2018. However, these officers filed a petition in the Islamabad High Court against the decision of the federal government.
The Islamabad High Court suspended the impugned 3 November 2018 Notification . Islamabad High Court later announced the judgment on February 3, 2020 in favour of petitioners.
An Intra Court appeal was filed in the Islamabad High Court against the judgment. The Islamabad High Court announced its judgment on April 23, 2020 setting aside the decision of single bench and directed the federal government to fill the vacant positions within thirty days.
After the judgment of Islamabad High Court, three positions of Members CCP including Chairperson became vacant which left CCP with following two members only i.e. Shaista Bano and Bushra Naz Malik.
Finance Division said, that in terms of Section 14(2) of the Competition Act, 2010, the Members are appointed by the federal government and chairperson is appointed from amongst the Members of the Commission. The Section 16 of the Competition Commission of Pakistan Act, 2010 provides that: "At any time when the position of the Chairman is vacant, or the Chairman is unable to perform his functions due to any cause, the federal government shall appoint the most senior Member of the Commission to be the Acting Chairman of the Commission until the appointment of a Chairman on regular basis".
As per the order of merit determined at the time of appointment of two Members, Shaista Bano Gillani was placed on top of order.
Finance Division sought the approval of the Cabinet to the appointment of Shaista Bano Gillani as Acting Chairperson, CCP till the appointment of regular chairperson. The federal cabinet approved her name as acting chairperson after which she assumed charge.
During the discussion, Adviser to the Prime Minister on Finance and Revenue reminded the Cabinet that it had tasked him to report progress on intra-court appeal on cases involving stay orders and filling vacancies in Competition Appellate Tribunal in the next Cabinet meeting. He stated that intra-court appeal had been decided in favour of the government and process to fill the vacant positions of chairman and members had been initiated which would be completed in thirty days. As for the stay orders in various cases and the constitutional petition, he informed of his meeting with AGP, wherein it was decided to file applications for early hearing in respective High Courts. Regarding filling of vacancies in Competition Appellate Tribunal, it was apprised that Law Division was consulting the Chief Justice, Supreme Court, for appointment of a retired judge.
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