Islamabad - Islamabad High Court will today take up an application of 23 senators belonging to the opposition parties for early hearing in a petition challenging appointment of Tariq Bajwa as governor State Bank of Pakistan.

A single bench of the IHC comprising Justice Miangul Hassan Aurengzeb will hear the plea moved through Sardar Latif Khosa advocate. The petitioners have nominated federal government through secretary finance and Tariq Bajwa, the governor SBP, as respondents.

In the main petition, the senators have stated that they were aggrieved with ‘unlawful’ appointment of governor SBP, made on July 7, 2017 for a period of three years.

The senators further stated that though the SBP Act had no provision regarding qualification for appointment of governor but his or her functions and duties required education, practical knowledge, competence and experience.

The petitioners contended that the unique and specialised character of SBP required appointment of best-available competent and experienced person through open advertisement as its governor. “This is the only way to preserve autonomous status of the institution as well to ensure its effectiveness,” said the petitioners.

They argued that selection of the best person for the job, with right qualifications and experience, had been ignored in the case.

 “The government of PML-N has all along indulged in ruthless violation of the legal requirements and procedures in making appointments and filling vacancies in all the key positions of state department and institutions. Such methodology was consciously adopted to use them for their personal benefits and extract illegal works. The head of SECP was an example who, under orders of the Supreme Court, is behind the bars and facing criminal charges,” added the petitioners.

The senators contended that the appointment was illegal and unjustified. They continued that a resolution was moved in Senate by the opposition for immediate removal of the SBP governor. The senators who signed the resolution included Taj Haider, Azam Swati, Rubina Khalid, Kamil Ali Agha, Shibli Faraz, Nighat Mirza, Tanvirul Haq Thanvi, Sehar Kamran, Daud Achakzai, Rozi Khan Kakar, Saifullah Magsi, Shahi Syed, Ahmad Hassan and Saeedul Hassan Mandokhail.

The petition quoted the resolution, saying, “This House recommends that the SBP governor should be removed immediately from his office as Section 10 of the SBP Act, 1956, governing qualification of the governor, had been violated.”

They further argued that the appointment violated articles 4 and 25 of the Constitution and many other provisions of the law. Therefore, they prayed to the court to declare the appointment of Tariq Bajwa as unlawful and void ab-initio. They requested the court to refrain him from performing as SBP governor with immediate effect.

They further pleaded to the court to direct the government to appoint new governor SBP following the constitutional process and criterion laid down by the Supreme Court of Pakistan.

 

 

shahid rao