All Pakistan Textile Mills Association (Aptma) Chairman, M Waqar Monnoo, has rejected the directive of the arbitration tribunal of the Federation of Pakistan Chambers of Commerce and Industry (FPCCI) to hold fresh elections of its chairman for 2003-2004.
Talking to the Business Recorder here, he said: " this was expected " of the tribunal whose composition he had challenged in his letters sent to the registrar of the tribunal on January 8 and 10.
Waqar Monnoo said he had made it clear that till a new tribunal is constituted by the managing committee of FPCCI, he would not like to appear before the present tribunal and any decision of this tribunal would be null and void and of no legal effect.
"The same will amount to Imyself being condemned unheard".
Even otherwise, he said that the findings of the tribunal cannot come into force till these are ruled by a competent court. Captain Rasheed Abro one of the members of the tribunal, while talking to the Business Recorder, also confirmed the same.
Waqar Monnoo said that he had rejected the tribunal because all the three members are personal friends of Riaz Ahmed Tata who is also the paternal uncle of Shahid Anwar.
"Riaz Ahmed Tata is also an authorised representative of Island Textile Mills Ltd, of which Shahid Anwar is also a representative, so therefore, justice and fair hearing from persons appointed by Riaz Ahmed Tata in my case was not expected."
It was also pointed out that till such time as the petitions filed by Shahid Anwar before the Director Trade Organisations (DTO) are not adjudicated, no further proceedings take place in respect of the arbitration cases.
Captain Rasheed Abro has also questioned the competence of the President, FPCCI to appoint the arbitration tribunal.
In his note which is part of the award, he said: "without settling the controversy in respect of competence of President, FPCCI to appoint the arbitration tribunal, I agree with the views expressed by the chairman and other member of the tribunal as to the merit of the case."
Needless to mention that Muhammad Azam, acting CEO, Aptma in his preliminary reply sent to the Registrar, Arbitration Tribunal on December 2, 2003 had denied all allegations made in the Waqar Monnoo petition and Shahid Anwar petition.
He had replied as under: Riaz Ahmed Tata is the real paternal uncle of Shahid Anwar. Riaz Tata is an authorised representative of Island Textile Mills Ltd, which is the member mill of Aptma.
In his capacity as the close relative of Shahid Anwar and authorised representative of the concerned mill, Riaz Ahmed fully and vigorously participated in the election campaign of Shahid Anwar in order to get his nephew elected as Chairman, Aptma.
In other words, Riaz Tata (as of course he was fully entitled to do in his capacity as the authorised representative of a member mill) acted on behalf of, and in order to further the campaign and cause of, one of the contesting candidates.
This close relationship and his position as the authorised representative, and his active and direct participation in the election on behalf of Shahid Anwar, means that it is highly inappropriate for Riaz Tata to act in any manner under the rules or on behalf of the FPCCI in respect of the electoral dispute between Waqar Monnoo and Shahid Anwar.
It is a well established principle of law that no person can act in a matter where the circumstances are such that a person of ordinary prudence would regard or suspect the person so acting of being biased.
This principle is but an application of the fundamental legal principle that no man can be a judge in his own case. Obviously, in respect of an election, which has been vigorously and hotly contested, it would be completely inappropriate for a person who is closely and prominently associated and allied (both by blood and otherwise) to one of the contesting candidates to act in any manner that could result in any apprehension or suspicion of bias.
The purported nomination of an arbitration tribunal by Riaz Tata, acting in his capacity as President, FPCCI is, therefore, legally suspect and defective and Aptma is fully entitled, in the circumstance, to treat it as such. It follows that since the constitution of the arbitration tribunal is fatally infected with bias, the conduct of any proceedings by such a tribunal would be a complete nullity in law."