The Supreme Court (SC) on Monday directed Islamabad High Court (IHC) to decide the intra court appeal (ICA) relating to former president Zarai Tarakiati Bank Limited (ZTBL) Chaudhry Zaka Ashraf's appointment within four weeks.
The court also directed Attorney General for Pakistan to ensure filing of a detailed reply by Finance Division on the matter and determine who was behind publishing advertisements lauding the leadership qualities of the outgoing ZTBL president in the national press when the matter was sub judice.
A two-member bench of Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain was hearing a constitutional petition filed by Muhammad Nadeem Chohan versus Federation of Pakistan, etc, against the appointment of Chairman, ZTBL. During the course of hearing, Attorney General for Pakistan, petitioner's counsel Mian Abdul Rauf and counsel for former ZTBL president, Mian Gul Hassan Aurangzeb appeared before the bench.
Mian Abdul Rauf submitted that as per Banking Policy and Regulation Division (BPRD) Circular No 9 of 2008 of the State Bank of Pakistan (SBP), any president of a Bank is required to communicate his desire to resign from the post of president to SBP at least two months before his resignation so as to enable the government to make arrangements for appropriate successor in the office.
He further added that the BPRD circular was violated, which calls for penal consequences. Mian pleaded that Ashraf was not qualified to fulfil the requisite criteria under section 11 of the Banks Nationalisation Act 1974 to become president of the ZTBL, adding that Ashraf was not cleared by SBP to be the president of the bank as he did not meet the Fit and Proper Test (FPT).
Rauf argued that former President ZTBL was neither graduate nor has experience as banker, adding that at least five years working experience as Executive Vice President at policy making level in a bank was mandatory for the post of ZTBL president. Mian Rauf told the bench that Ashraf was affiliated with Pakistan People's Party and member its Central Executive Committee. He said that Zaka was also Chief Executive of Ashraf Sugar Mills and had been convicted by Competition Commission of Pakistan (CCP) for his involvement in restrictive trade practices and he was fined which results in disqualification for his appointment as president or director of a bank.
"SBP declared that he was not fit for such appointment, but he was nominated by the Finance Division as President ZTBL whose nomination was illegally approved by an improperly constituted board of directors of ZTBL," Rauf stated. He submitted that Ashraf's appointment was challenged by an employee of ZTBL Iqbal Khattak in LHC Rawalpindi bench, which declared such appointment as illegal.
Mian Rauf pointed out that Ashraf was still holding the post of Chairman, Kissan Support Service Limited, a subsidiary of ZTBL and he was also member of ZTBL's board of directors, adding that he did not file resignation to the relevant forum including SBP and Government of Pakistan whereas he was presently heading Pakistan Cricket Board (PCB).
Counsel for the former ZTBL president Mian Gul Hussain Aurangzeb appeared before the court and submitted that Chaudhry Zaka Ashraf had left the charge as president ZTBL, adding that an ICA was pending in IHC. The hearing was adjourned for indefinite period.