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MUHAMMAD ASHRAF TIWANA versus PAKISTAN


Sections 5, 6, 7 and 21 Securities and Exchange Commission of Pakistan Service Rules (HR Handbook), Ch. 11, CL3 (1) Constitution of Pakistan, Arts 9, 10A, 14, 18, 25, 73 and 184 (3) The appointment of the Chairman of the Securities and Exchange Commission of Pakistan (SECP) and the appointment of the respondent as Commissioner and Chairman of the SECP, under Article 184 (3) of the Constitution, the constitutional securities and The Exchange could not meet the conditions of the Commission of Pakistan Act. 1997, as a result, his appointment as Commissioner and Chairman SECP was notified. The Supreme Court has ruled that the registration of section 5 (5) of the Securities and Exchange Commission of Pakistan Act 1997 through the Finance Act 2003 is a violation of the Constitution. Specifically its Article 73; Clause 3 (1) of Chapter 11 of the Securities and Exchange Commission of Pakistan Service Rules (HR Handbook), which provides for the simple (without cause) termination of SECP employees. It was allowed, on the Securities and International level, the Exchange Commission of Pakistan Act, 1997, the Supreme Court directed that the federal government, without delay, appoint legal positions in the SECP, including the Securities and Exchange Commission of The requirements of the Pakistan Act 1997 were fulfilled, including its provisions 5, 6 and 7. In an authentic, rigorous, transparent and open manner, the process of selection and appointment, with full competence and consideration, clearly and demonstrably ensured that the appointments met the requirements of the law. Properly substituted Clause 3 (1) of Chapter 11 of the Securities and Exchange Commission of Pakistan Service Rules (HR Handbook)

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