ISLAMABAD - A division bench of Islamabad High Court on Thursday ordered to relist the intra-court appeal of 23 members of the Upper House against an IHC single bench’s verdict wherein it had turned down their petition challenging the appointment of Tariq Bajwa as governor State Bank of Pakistan.

The dual bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani took the ICA as an objection matter and ordered to relist the same as counsel for petitioners Sardar Zulfiqar Khosa could not turn up before the court.

The senators moved the ICA through their counsel Sardar Latif Khosa and cited government of Pakistan through Secretary Finance and Governor SBP Tariq Bajwa as respondents.

They argued in the ICA that the impugned judgment of the IHC single bench was not sustainable in law and on fact. They added that the single bench’s judge had erred in law while holding that it could not be held that the power to appoint and remove governor SBP having been conferred upon the president was also to be exercised by the federal government.

“Holding otherwise would render the amendment brought about in section 10 (3) of the SBP Act, through the State Bank of Pakistan (Amendment) Ordinance 2002 an exercise in futility,” said the ICA.

Therefore, the petitioners prayed to the court that the order of IHC single bench dated July 17 might be set aside Bajwa’s appointment as governor SBP be declared illegal, unconstitutional and against the law.

Earlier, a single bench of the IHC comprising Justice Miangul Hassan Aurangzeb had conducted hearing of the petition and dismissed the same in his 24-pages order.

Justice Miagul Hassan noted in his verdict, “There was nothing preventing the President to have made the appointment of governor SBP after a competitive process. However, since the statute in question did not oblige the President to make the said appointment through a competitive process or to advertise the said post, respondent No 2 (Governor SBP)’s appointment cannot be held to be unlawful.”