LHC issues detailed verdict in Nadra chairman's removal case
Pakistan
Any advertisement mechanism or eligibility criteria was not considered, the judgment note
LAHORE (Ashfaq Ahmed) - The Lahore High Court (LHC) on Friday issued a detailed verdict regarding the removal of Nadra chairman Lt Gen Muhammad Munir Afsar from his post.
Justice Asim Hafeez pronounced the verdict on the petition of Ashba Kamran, against the appointment of the chairman.
The petitioner had challenged the appointment of Nadra chairman, stating that it was illegal and unconstitutional.
In the written verdict, Justice Asim Hafeez stated that an argument was made claiming that two serving officers had previously worked in Nadra. However, past wrongdoings do not justify repeating the same actions. Acts done illegally cannot be given legal cover.
"An elephant cannot be hidden in a mouse's house," the judge remarked, adding that the appointment of the current Nadra chairman cannot be further protected.
“Hence, discretion necessarily needs to be exercised, to end usurpation of the office. In these circumstances, the act of confirming the appointment of respondent No.6 is unauthorized and otherwise inconsistent with the enactment,” reads the verdict.
The verdict mentioned that it was started in May 2023 when investigations started on the allegations about data leakage of former COAS Qamar Bajwa’s family and then Nadra chairman Tariq Malik had tendered his resignation. Then, the caretaker government had appointed Asad Raza Gilani as new Nadra chief.
Later, the caretaker government had issued an advertisement for the appointment of a new Nadra chairman in July 2023 but under mysterious circumstances, the just-published advertisement disappeared from the scene.
In a sudden manner, the caretaker government also introduced Rule 7-A in the NADRA Rules 2020, which mentions that “if the federal government considers it a matter of national interest, then it will have the power to post any serving military officer in grade 21 to a civil institution.”
After that, the Establishment and Interior Divisions had sent three names to the selection committee out of whom, General Munir Afsar was appointed as Nadra Chairman.
“Undoubtedly, any advertisement mechanism or eligibility criteria was not considered in the appointment of Nadra Chairman,” the judgment added.
According to the federal government, Rule 7-A 2020 authorizes it to appointment a suitable person for the post without delving into the required process and qualifications.
But the verdict stated that if one considered the relevant rule meticulously, the federal government could not appointment any official by using the name of national interests.
The judgment said the federal government just tried to increase its powers by using the Rule 7-A therefore, under current circumstances, the decision of federal government could not be declared lawful.
The judgment noted that the government lawyer did not attach any relevant documents other than just a newspaper.
It was added that any appointment which is done secretly promotes societal inequality and unprofessionalism which lead to disport in society.
The court also ordered to forward copies of the verdict to federal cabinet and ministry of interior.
