ISLAMABAD:The Supreme Court on Tuesday reserved the decision on a petition filed by Pakistan Television (PTV) against the NIRC’s decision regarding the non-promotion of Noor Samad Shah, a retired security officer of PTV HQ Islamabad, and the subsequent order by the subordinate court regarding payment of Rs 2.3 million fine to him.
A two-member SC bench comprising Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case and reserved judgment on the appeal filed by the PTV against the retired employee.
During the course of proceedings, the PTV’s counsel said the Pakistan Television was a government body, and all orders and actions of government bodies enjoyed legal immunity.
He said that there could be no suit for damages against the actions of a government body and any person could be named a party in personal capacity as a body for damages but not as an organisation.
Justice Ijaz-ul-Ahsan asked under which law or constitutional provision the government institutions were exempted.
The counsel responded that he should be given time to search for these laws.
On which the court inquired how the petitioner could ask for exemption without knowing the law. The counsel said that he relied on the court’s decision.
Justice Ijaz remarked that the court must had interpreted a law in its decision and asked the counsel to narrate the law.
He said that the action taken against the petitioner was clearly mala fide in the case.
The lawyer of retired PTV employee Noor Samad Shah said according to the interpretation of the law, the institution also came under the definition of a person and there was no such law which gave immunity to any organisation.
The court reserved the judgment of the case by instructing the PTV lawyer to provide the details of the existing law regarding immunity in the matter of damages within three days.
Noor Samad Shah was posted as Security Officer at PTV Headquarters Islamabad and Director Asad Gopal stopped his promotion. The National Industrial Relation Commission (NIRC) decided the case in Noor Samad’s favour, who later filed a claim for damages of Rs 2.3 million and three lower courts accepted his plea. On which the PTV filed an appeal in the Supreme Court and the apex court has now reserved judgment on it.