LHC declares appointment of Nadra chairman null and void

• Caretaker govt approved serving officer's appointment, says plea.
• Caretaker setup can't interfere in permanent policy matters, it adds.
• LHC "should declare" his appointment as Nadra chairman invalid.

LAHORE: The Lahore High Court (LHC) directed the removal of National Database and Registration Authority (Nadra) Chairman Lt Gen Munir Afsar on Friday, declaring his appointment null and void.

A citizen, Ashba Kamran, had challenged the appointment of Afsar as the chairman in a petition, which was approved by the LHC.

Directing for the chairman's removal, Justice Asim Hafeez gave a reserved verdict on Kamran's plea.

The illegality committed by way of an unauthorised appointment, by the appointing authority, cannot be concealed, Justice Hafeez said.

Hence, the judge in his remarks maintained, the appointment was "declared without requisite 'authority of law'".

He also directed to send a copy of the order to the federal cabinet, Ministry of Interior and all the departments concerned.

It was contended in the petition that the caretaker government had approved the appointment of a serving army officer by amending the Nadra Ordinance. The caretaker government cannot interfere in permanent policy matters, it argued.

The petition pleaded that the high court should quash the Nadra amendment rules and declare appointment of the servicemen as Nadra chairman invalid.

The News — in its report quoting sources on August 30, 2023 — said that the interim federal cabinet had approved the rules for the appointment of the NADRA chairman, which opened doors to the servicemen to be deputed as the head of the public institution.

Credible sources had told The News that the summary received by the Cabinet Division from the Ministry of Interior, in which filling the extraordinary position of NADRA chairman on a deputation or secondment basis had been clearly approved for inclusion in the new rules.

Earlier, the Nadra Ordinance clearly stated that only an independent person could be appointed to this post, which meant that no government official, retired officer or secretary could be given this position.