PARA 6 of IHC Judgment: Najam Sethi is a Care-take not Acting

On 19.6.2013, the learned counsel informed the court [Islamabad High Court] that the IPC proposed the names of Majid Khan, Chishty Mujahid and Mumtaz Rizvi for the Acting Chairman PCB, however, subsequent to hearing on the above date, the Prime Minister appointed Mr. Najam Sethi although his name was not amongst the panel of nominees placed before the court. This court is conscious of the fact that discretion lies with the Prime Minister, but when the matter was subjudiced before this court then, Minister concerned should have informed the court that the Prime Minister intended to appoint Mr. Najam Sethi as Acting Chairman instead of anyone from the panel. Vide order dated 01.07.2013, this court issued notice to Mr. Najam Sethi, who put appearance and explained the background in which the PM asked him to preformed the duties of Acting Chairman, PCB, he also informed the Court that meeting of ICC has been attended by him in compliance of the order dated 13.06.2013, passed by this court.


As observed before the Government should have placed the information before this court that name of Mr. Najam Sethi being included in the panel by moving an application (C.M). Even otherwise the appointment of Acting Chairman, PCB, as directed by this court, was till final disposal of the writ petition, mainly with the object that Acting Chairman may be able to attend the ICC meeting. The order of his appointment as Acting Chairman seized to hold filed after 4th July, 2013 when this Court finally decided the writ petition. Practically, Mr.Najam Sethi is no more Acting Chairman rather his status is of Caretake being appointed by this Court for a period of 90 days with the object to look into day to day affairs of the PCB, cooperate, and ensure the holding of election by the Election Commission of Pakistan within the stipulated period commencing from 21st July, 2013 to 18th October 2013, which period shall not be extended on any pretext whatsoever. Appointment of the member of Selection Committee, it’s Chairman and other appointments/termination of services in the PCB as well as any major decision shall be right and domain of the newly elected Chairman, PCB.


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