ISLAMABAD - The Supreme Court declared the appointment of President National Bank of Pakistan Syed Ali Raza unconstitutional and ordered him to relinquish his post immediately. Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, while heading a three-member bench that also comprised Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday two weeks ago after hearing the arguments of counsels for petitioner and respondent had reserved the judgment, which was announced Friday. The court declared the reappointment of Syed Ali Raza as President NBP by way of notification dated 10.04.2010 unconstitutional and ordered that he should cease to hold office as President NBP with immediate effect. Petitioner Muhammad Idrees and others through Manzoor Qadir had filed petition against Ali Raza. It has been prayed in the petition that the notification of Razas reappointment vide No. F.1(8)Bkg-III/2000 dated 10.04.2010 be declared illegal, null and void and he should be restrained from acting as President NBP. It has further been prayed that the respondent be directed to produce a list of those personalities who got benefits of loans written off by the respondent No. 3 since his first appointment i.e. from 01.07.2000 till 31.07.2010. Manzoor Qadir while contending the case had stated that in view of the provision of section 11(3)(d) of the Banks (Nationalization) Act, 1974 as amended by the Banks (Nationalization) (Amendment) Act, 1997, a person could be appointed as President NBP for not more than two terms, but the respondent was reappointed from time to time as President NBP for several terms by making amendments in the Banks (Nationalization) Act, 1974 illegally with a view to extend favour to him. He stressed that the Act of 1974 could not have been amended through the Finance Act, 2007, as the Finance Act only dealt with fiscal matters, and was passed, not by both the Houses of Parliament, but by the National Assembly alone. Abid Zubairi, ASC, learned counsel for Ali Raza submitted that the amendments in the Act of 1974 were to be seen by the court as a whole and not just the amendment in section 11(3)(d) of the Act of 1974 whereby the appointment of President could be made for such further term or terms as may be determined. He contended that the appointment of Raza made vide notification dated 10.04.2010 for a period of one year from 01.07.2010 to 30.06.2011 was a past and closed transaction and the declaration by the court, if any, would have a prospective effect not affecting his such appointment. According to him, the Finance Act was an Act of Parliament, duly assented by the President under Article 75 of the Constitution to be seen as falling within the scope of Article 73(4) & (5). Khawaja Muhammad Farooq also appeared on behalf of respondent No 3. He argued that the petitioners averment that the Act of 1974 was amended from time to time for the benefit of Raza could not be maintained on the ground that mala fides could not be attributed to the legislature. Attorney General for Pakistan Maulvi Anwar also followed same line of arguments of respondent No.3. However, he stated that if section 11(3)(d) of the Act of 1974 was declared unconstitutional, it would have effect on other provisions, which were amended by means of Finance Act, 2007. Therefore, he emphasised to save this provision as Raza otherwise will retire on 30.06.2011. The apex court in view of the arguments of the counsels ordered Mr Raza to stand down immediately.