Senators challenge appointment of SBP governor

Say impugned appointment is illegal, unjustified, whimsical and of no legal effect


Rizwan Shehzad January 21, 2018
PHOTO: FILE

ISLAMABAD: Around two senators submitted on Saturday an application seeking early hearing of their petition through which they had challenged appointment of the governor State Bank of Pakistan (SBP).

On November 6, 2017, IHC's Justice Miangul Hassan Aurangzeb had issued notices to the secretary ministry of finance and governor SBP directing them to submit a reply in a month's time. In the application, the petitioners said that the court had directed the respondents to submit reply within one month but the respondents have yet  to submit reply.

Total 23 senators belonging to Pakistan Peoples Party (PPP), Pakistan Tehreek-e-Insaf (PTI), Muttahida Qaumi Movement (MQM) and The Awami National Party (ANP) have challenged appointment of the SBP Governor, Tariq Bajwa, who took charge of the office on July 7, 2017.

They have accused the Pakistan Muslim League Nawaz (PML-N) government of “ruthless violation of the legal requirements and procedures” in making the appointment.

The Senators — Taj Haider, Farhatullah Babar, Sassi Palijo, Azam Swati, Khushbakht Shujat, Farooq H Naik, Ilyas Bilour and 16 others – have prayed the court to declare Bajwa’s appointment unlawful, refrain him from performing duties and order the return of benefits.

Also, the petitioners through their counsel Sardar Latif Khosa have sought court’s directions for government to appoint a new governor of SBP following the constitutional process laid down by the Supreme Court in several cases.

In the petition, the counsel said that the unique and specialised character and functions of SBP require appointment of the best available most competent and experienced person through open advertisement as its governor.

He said this was the only way to preserve the autonomous status of the institution as well as to ensure its effectiveness. “Selection of the best person for the job, with the right qualifications and experience, has been ignored in the present case,” Khosa stated in the petition.

“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 Departments and institutions,” Khosa stated. He alleged that such methodology was consciously adopted to use them for their personal benefits, self aggrandisement and extract illegal works. “Head of the SECP is an example in hand who under orders of the Honourable Supreme Court is ... facing criminal charges,” he said.

He added that the subjugation in SECP’s suspended chairman Zafar Hijazi by the government was elaborately discussed in the SC’s judgment in the Panama Leak case.

Khosa further argued in the petition that the impugned appointment in view of the submissions is illegal, unjustified, whimsical and of no legal effect. He said a resolution was moved in Senate by the combined opposition for immediate removal of the SBP governor.

In response to the resolution, the Ministry of Finance issued a statement saying “there was no violation of the State Bank Act, 1956”. The statement further said that Bajwa reached his superannuation and retired from civil service on June 18 and was appointed as SBP governor by the President of Pakistan on July 7, adding that several civil servants have been appointed as SBP governor in the past after retirement.

Khosa said that the statement did not address the real question raised by the senators that the appointment was in gross violations of law and proper selection process was not followed. In addition, they said, there was lack of transparency in selection process as explained by the superior courts.

In the prayer, petitioners have requested the court to declare Bajwa’s appointment illegal and direct the government to appoint a new governor as envisaged in the Supreme Court’s judgments.

Published in The Express Tribune, January 21st, 2018. 

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