ISLAMABAD - A division bench of the Islamabad High Court (IHC) on Monday annulled a single bench’s verdict wherein it had ordered the removal of Arif Usmani and Zubair Soomro, president and chairman respectively, of National Bank of Pakistan (NBP).
The division bench (DB) comprising Chief Justice of IHC Justice Athar Minallah and Justice Sardar Ejaz Ishaq Khan announced the verdict after hearing the Intra Court Appeal (ICA) filed by the Secretary Ministry of Finance challenging the single bench’s verdict dated June 29.
Earlier, a single bench of the IHC comprising Justice Mohsin Akhter Kayani announced the verdict after hearing the arguments of all parties in four identical petitions challenging the appointment of the National Bank of Pakistan (NBP) president and chairman.
In his verdict, Justice Kayani directed the federal government to immediately remove the NBP President Arif Usmani, and Board of Directors (BoD) Chairman Zubair Soomro. The bench announced the judgment after hearing the petitions moved by four citizens including Syed Jahangir, Javed Iqbal, Fazal Raheem and Latif Qureshi.
Court hears ICA filed by finance secretary challenging verdict
In the ICA, Secretary Finance adopted that the impugned judgment is against the law on the subject and fact of the case hence not tenable in the eyes of the law and is thus liable to be aside.
The ICA said, “The honourable court has failed to examine, discuss and appreciate the objection regarding mala fides of the petitioners in filing the writ petition. It is humbly submitted that various similar petitions were systematically filed in High Court at Islamabad, Lahore and Karachi with mala fide intend to derail the technological and managerial changes introduced by the new management of NBP.”
“The malicious intent of the Respondent No 1 (Abdul Latif Qureshi who filed the petition challenging the appointments) is further illuminated by the unexplained delay of twenty months before challenging the appointment indicating towards the fact that the petitioner had ulterior motives behind filing the petition,” it added.
It continued that the court has failed to examine, discuss and appreciate objection that the writ petition is hit by laches. The impugned judgment having not eluded to this crucial point relating to maintainability and ignoring the unexplained laches coupled with the malicious conduct of the respondent is liable to be set aside in accordance with the settled principles of law.
Therefore, the Finance Secretary prayed to the court the instant appeal may be accepted and the aforementioned impugned judgment passed by the IHC single bench may be set aside. He also requested the court to suspend the operation of the said verdict until the final decision of the ICA.