Lahore High Court Justice Asim Hafeez, Chairman National Database and Registration Authority (Nadra) while approving the application against the appointment of Lt. General Munir Afsar has been declared null and void.
Justice Asim Hafeez has delivered a reserved judgment on the petition against the appointment of Chairman NADRA today.
Justice Asim Hafeez of Lahore High Court has issued a 30-page written decision on the petition of female citizen Ashba Kamran.
In the written judgment, it has been stated that ‘an argument was given that earlier two serving army officers had served in NADRA. Wrong actions done in the past do not mean that they should be done again, illegal actions cannot be given any legal cover.’
The judgment said that ‘an elephant cannot be hidden in a mouse’s house, the appointment of the present chairman NADRA cannot be protected anymore.’
The entire matter started in May 2023 when the family of General (Retd) Qamar Bajwa was investigated for allegedly leaking data, the judgment said.
After which then Nadra Chairman Tariq Malik resigned Concerned government appointed Asad Raza Gilani as Acting Chairman, In July 2023 caretaker government issued an advertisement for appointment of new Chairman NADRA then suddenly that advertisement disappeared from public view.
According to the decision, the caretaker government suddenly introduced ‘Rule 7A’ in the NADRA Rules 2020 which states that ‘if the Federal Government considers that it is a matter of national interest, then it may transfer any serving military officer to the civil institution in grade 21. I will have the authority to take services.’
After that, the Establishment Division and Admission sent three names to the Selection Committee. Out of these three names, General Munir Afsar was appointed as NADRA Chairman.
Justice Asim Hafeez stated in the judgment that the caretaker government and the federal government made the appointment under Rule 7A of NADRA Rules 2020.
This section contains related reference points (Related Nodes field).
“There is no doubt that no advertisement or eligibility criteria were kept for the appointment of Chairman NADRA. The Caretaker Government conducted secret screenings for appointments by favored officers. The federal government said that the appointment of Chairman NADRA was done in the national interest.
The judgment said that the court had to see whether the federal government had the authority to make secret appointments.
“If you read the relevant clause carefully, it is clear that direct appointment cannot be done under the guise of national interest.”
The judgment said that the federal government has tried to expand its powers through Rule 7A without enacting legislation. In the present circumstances, the appointment made by the federal government cannot be justified.
Justice Asim Hafeez wrote in the judgment that the public prosecutor needs to carefully examine the claim of national interest. The federal government tried to prove that the appointment was made in the national interest.
The lawyer of the federal government said that security was compromised in an organization like NADRA and many irregularities were revealed. The lawyer presented some newspaper clippings which showed that data of 2.7 million citizens was leaked.
The judgment said that the public prosecutor did not attach any relevant documents other than the newspaper.
According to the judgment: ‘Does any irregularity permit you to make the appointment illegally? A data leak is no justification for canceling appointments on merit.’
The court also issued an order to send a copy of the decision to the federal cabinet and the interior ministry.
It was contended by the petitioner that the Caretaker Government approved the appointment of a serving Army officer by amending the NADRA Act, the Caretaker Government cannot interfere in permanent policy matters.
The petitioner requested the court to annul the NADRA amendment rules and annul the appointment of the serving military officer as NADRA chairman.
In October 2023, the caretaker federal government appointed IG Communication and IT Lt. Gen. Muhammad Munir Afsar, then posted at General Headquarters (GHQ), as the Chairman of NADRA.
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#Appointment #serving #army #officer #NADRA #chairman #void
2024-09-08 18:36:27
Table of Contents
Lahore High Court Orders Removal of Lt. Gen Munir Afsar as NADRA Chairman
In a landmark judgment, the Lahore High Court (LHC) has declared the appointment of Lt. Gen Munir Afsar as the Chairman of the National Database and Registration Authority (NADRA) as null and void [1[1[1[1[1[1[1[1]. The court’s decision came on the petition of a female citizen, Ashba Kamran, challenging the appointment of Lt. Gen Afsar as the NADRA Chairman.
According to the judgment, the caretaker government and the federal government made the appointment under Rule 7A of the NADRA Rules 2020, which states that the Federal Government can transfer any serving military officer to a civil institution in grade 21 if it considers it a matter of national interest [2[2[2[2[2[2[2[2]. However, the court ruled that the federal government has tried to expand its powers through Rule 7A without enacting legislation, and in the present circumstances, the appointment made by the federal government cannot be justified.
The court also observed that no advertisement or eligibility criteria were kept for the appointment of the Chairman NADRA, and the caretaker government conducted secret screenings for appointments by favored officers [3[3[3[3[3[3[3[3]. The judgment stated that the federal government tried to prove that the appointment was made in the national interest, but the court had to see whether the federal government had the authority to make secret appointments.
The judgment also highlighted that the public prosecutor did not attach any relevant documents other than newspaper clippings, which showed that data of 2.7 million citizens was leaked. The court ruled that a data leak is no justification for canceling appointments on merit.
The LHC’s decision has significant implications for the governance and transparency of the NADRA, which is responsible for managing the national database of Pakistani citizens. The court’s order to send a copy of the decision to the federal cabinet and the interior ministry is also a significant step towards ensuring accountability in the government’s appointment processes.
the Lahore High Court’s judgment is a victory for transparency and accountability in the appointment processes of key government institutions like NADRA. The court’s decision highlights the need for fairness, merit, and transparency in the appointment of top officials, and serves as a reminder to the government to respect the rule of law and uphold the Constitution.
Lahore High Court Declares Appointment of Lt. Gen. Munir Afsar as NADRA Chairman Null and Void
In a significant judgment, Justice Asim Hafeez of the Lahore High Court has declared the appointment of Lt. Gen. Munir Afsar as the Chairman of the National Database and Registration Authority (NADRA) null and void. The judgment was delivered on a petition filed by a female citizen, Ashba Kamran, challenging the appointment of Lt. Gen. Afsar.
Background of the Case
The matter started in May 2023 when the family of General (Retd) Qamar Bajwa was investigated for allegedly leaking data. Following this, the then NADRA Chairman, Tariq Malik, resigned, and Asad Raza Gilani was appointed as the Acting Chairman. In July 2023, the caretaker government issued an advertisement for the appointment of a new Chairman of NADRA, but the advertisement suddenly disappeared from public view.
Introduction of Rule 7A
The caretaker government then introduced Rule 7A in the NADRA Rules 2020, which allowed the Federal Government to transfer any serving military officer to a civil institution in grade 21 if it was considered in the national interest. Under this rule, the Establishment Division and Admission sent three names to the Selection Committee, and out of these, Lt. Gen. Munir Afsar was appointed as the Chairman of NADRA.
Judgment of the Court
Justice Asim Hafeez, in his 30-page written judgment, stated that the appointment of Lt. Gen. Afsar was made without any advertisement or eligibility criteria. The court held that the caretaker government and the federal government had made the appointment under Rule 7A of NADRA Rules 2020, but the appointment was not justified.
The judgment noted that wrong actions done in the past do not mean that they should be done again, and illegal actions cannot be given any legal cover. The court also observed that the federal government had tried to expand its powers through Rule 7A without enacting legislation, which was not acceptable.
Key Findings of the Judgment
The judgment highlighted several key points, including:
There was no advertisement or eligibility criteria for the appointment of Chairman NADRA.
The caretaker government conducted secret screenings for appointments by favored officers.
The federal government claimed that the appointment of Chairman NADRA was done in the national interest.
The court had to see whether the federal government had the authority to make secret appointments.
* The judgment held that direct appointment cannot be done under the guise of national interest.
Current Status of NADRA
According to the NADRA website, the current Authority Board Chairman is Lt. Gen. Muhammad Munir Afsar [[1]]. However, the Lahore High Court’s judgment has declared his appointment null and void. The website also lists the Senior Management team, which includes the Chief Administration Officer, Mr. Ali Javed [[3]].
Impact of the Judgment
The judgment is likely to have significant implications for the governance of NADRA and the appointment of its Chairman. It is expected to lead to a more transparent and accountable process for the appointment of the Chairman of NADRA.
References
[[1]]https://www.nadra.gov.pk/authority-board/
[[2]]https://www.dawn.com/news/1857320
[[3]]https://www.nadra.gov.pk/senior-management/
