Case Details

Citation(s)
2018 SLG 2659 2018 SLD 2659 2018 CLC 1910

W.P. No. 3763 of 2017, decision Dated: 17-07-2018, hearing Date : 22-05-2018


SENATOR TAJ HAIDER AND OTHERS

VS

GOVERNMENT OF PAKISTAN, THROUGH SECRETARY, FINANCE DIVISION AND OTHERS

Law: State Bank of Pakistan Act, 1956

Section: 10(3),11,54A

Law: Rules of Business, 1973

Section: Rr.15-A,16(j)

Law: Banks (Nationalization) Act, 1974

Section: 2

Law: Constitution of Pakistan, 1973

Section: 48,48(1),90,91,99,199

(a) State Bank of Pakistan Act (XXXIII of 1956)--- ----Ss. 10(3) & 11---Constitution of Pakistan, Art.199---Constitutional petition---Writ of Quo Warranto---Appointment of Governor of the State Bank of Pakistan---President of Pakistan, jurisdiction ofs were Senators sitting on opposition benches who assailed appointment of Governor of the State Bank of Pakistan---Plea raised by petitioners was that such appointment was made by the President without advice of Prime Minister---Validity---Exclusive and absolute authority under S.10(3) of State Bank of Pakistan Act, 1956, to appoint the Governor of the State Bank of Pakistan vested with the President---No role had been assigned to the Federal Government in appointment of Governor of the State Bank of Pakistan---Where legislature intended to give Federal Government power to make appointments in State Bank of Pakistan, it clearly did so through relevant provisions---Only power that Federal Government could exercise with respect to Governor of the State Bank of Pakistan was to grant him leave under S. 10(11) of State Bank of Pakistan Act, 1956s did not question qualifications or experience of Governor of the State Bank of Pakistan necessary for his appointment---Appointment of the Governor of the State Bank of Pakistan was not without authority of law or contrary to relevant statutory provisions---Essential prerequisite for issuance of writ of Quo Warranto was not satisfied---Constitutional petition was dismissed in circumstances. Muhammad Iqbal Khattak v. Federation of Pakistan 2010 CLD 1572 distinguished. Syed Mushahid Shah v. Federal Investment Agency 2017 SCMR 1218; Zarka Muzammal v. Provincial Ombudsman 2016 YLR 1739; Habibullah Energy Limited v. WAPDA through Chairman PLD 2014 SC 47; Muhammad Ashraf Tiwana v. Pakistan and others 2013 SCMR 1159; Ch. Nisar Ali Khan v. Federation of Pakistan PLD 2013 SC 568; M. Ashraf Azeem v. Federal Government of Pakistan 2013 PLC (C.S.) 1147; Dr. Altaf Hussain v. Federation of Pakistan 2013 PLC (C.S.) 1178; Muhammad Iqbal Khattak v. Federation of Pakistan 2011 PLC (C.S.) 65; Chief Secretary Punjab v. Abdul Raoof Dasti 2006 SCMR 1876; Mushtaq Ahmed Mohal v. The Hon'ble Lahore…
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