ISLAMABAD: Islamabad High Court (IHC) Justice Mohsin Akhtar Kayani on Thursday dismissed the petition against the appointment of Habibur Rehman Gillani as chairman Evacuee Trust Property Board (ETPB).

The petitioner who has also applied for the post argued that the post of ETPB chairman was advertised in Dec 2021 and 41 candidates applied for the post and out of them 20 candidates were shortlisted who met the required criteria for the said post.

The counsel further argued that out of those 20 candidates, 17 appeared in interview including the petitioner and respondent, which was conducted by a Selection Board, which selected a panel of three was sent to the prime minister through a summary in March 2022 for placement before the cabinet for final approval of a candidate.

He further said that the summary for the appointment was placed before the Cabinet as an agenda item which accordingly approved the appointment of Mr Habib Gillani was as Chairman Evacuee Trust Property Board in April 2022.

According to the petitioner the appointment has been made in the cabinet meeting convened by the former Prime Minister Imran Khan after he was temporarily restored in the wake of the Supreme Court decision ordering him to seek vote of confidence.

Hafiz Ahsaan Ahmad Khokhar, the counsel for the federal government argued that the appointment was made by the Ministry of Religious Affairs in a very transparent manner after advertising the post and later on a panel of three including the name of petitioner was sent to the prime minister.

He further argued that the appointment was strictly made as per rules and regulations by the Ministry of Religious affairs, Establishment Division and Cabinet Division being the relevant departments.

He further submitted before the court that the cabinet had considered the summary and approved the appointment as per rules of business and in accordance with the Supreme Court observations given in Mustafa Impex case that all such appointments and matters required to be done by the federal government are required to be placed before the Cabinet for their consideration and approval, and the same has been done under rule 20(1) and rule-20(5) of the Rules of Business, 1973 required for the summary for the d appointment of the ETPB chairman.

He finally argued as there was no malafide or was any person specific appointment but it was validly processed and appointed by adopting all codal formalities by the relevant departments including by Ministry of Religious affairs and finally by the Cabinet, thus the petition being devoid of law and facts; therefore the same may graciously be dismissed.

Published in Dawn, February 3rd, 2023