| Case ID |
ebca646e-217c-4dd8-acdb-0d26dc309ea3 |
| Body |
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| Case Number |
Constitutional Petition No.58 of 2010 |
| Decision Date |
Jan 14, 2011 |
| Hearing Date |
Jan 05, 2011 |
| Decision |
The Supreme Court of Pakistan ruled that the reappointment of Syed Ali Raza as President of the National Bank of Pakistan was unconstitutional due to the amendment of section 11(3)(d) of the Banks (Nationalization) Act, 1974. The amendment was made through the Finance Act, 2007, which lacked the necessary approval from both Houses of Parliament as required by Article 70 of the Constitution. The court declared the reappointment notification dated April 10, 2010, as null and void, and ordered that Syed Ali Raza cease to hold the office of President of NBP immediately, thereby allowing the petitioners' request. |
| Summary |
In the landmark case of Constitutional Petition No. 58 of 2010, the Supreme Court of Pakistan addressed the legality of the reappointment of Syed Ali Raza as President of the National Bank of Pakistan (NBP) for a fifth term. The petitioners contended that the reappointment was unlawful and violated the provisions of the Banks (Nationalization) Act, 1974, specifically section 11(3)(d), which limited the number of terms a person could serve. The court found that the amendment to this section, introduced via the Finance Act, 2007, was unconstitutional as it was not approved by both Houses of Parliament. This case underscores the importance of adhering to constitutional protocols in legislative processes, particularly concerning financial institutions. The ruling has significant implications for governance and legal compliance in Pakistan's banking sector, emphasizing the necessity for transparency and accountability in appointments within public institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
Federation of Pakistan
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
GHULAM RABBANI,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Manzoor Qadir, Advocate Supreme Court,
G.N. Gohar, Advocate-on-Record,
Barrister Zafarullah Khan, Advocate Supreme Court,
Maulvi Anwar-ul-Haq, Attorney-General for Pakistan,
Abid S. Zubairi, Advocate Supreme Court,
Kh. Muhammad Farooq, Senior Advocate Supreme Court,
M. Bilal, Senior Advocate Supreme Court,
Babar Bilal, Advocate Supreme Court,
Syed Safdar Hussain, Advocate-on-Record,
Amjad Iqbal, Joint Director No. 2
|
| Petitioners |
Mir MUHAMMAD IDRIS and others
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Ministry of Finance and OTHERS
|
| Citations |
2011 SLD 864,
2011 PLD 213
|
| Other Citations |
Sindh High Court Bar Association v. Federation of Pakistan PLD 2009 SC 879,
Dr. Mobashir Hasan v. Federation of Pakistan PLD 2010 SC 265,
Abul Ala Maudoodi v. Govt. of West Pakistan PLD 1964 SC 673,
Haji Muhammad Hussain v. Province of Blochistan NLR 1995 Cr.LJ 313
|
| Laws Involved |
Constitution of Pakistan, 1973,
Banks (Nationalization) Act, 1974
|
| Sections |
70,
73(2),
184(3),
11(3)(d)
|