ISLAMABAD: The Islamabad High Court (IHC) on Wednesday gives a month deadline to the federal government to constitute the National Database and Registration Authority (Nadra) board and ordered the secretary interior to appear in person if the board was not constituted.

IHC Chief Justice was hearing a petition filed by retired Lt-Col Talha Saeed, a Nadra’s official. The court sought assistance from the attorney general in his matter.

During the hearing of the petition, Nadra’s counsel informed the court that the board had remained dysfunctional since 2018.

The court noted that the provisions of the National Database and Registration Authority Ordinance 2000 have clearly defined the powers of the board and inquired from the counsel regarding the legality and jurisdiction of the Nadra chairman to exercise the powers of the board.

After perusal of Nadra’s Ordinance, Justice Minallah noted that the legislative intent was to empower the chairman to exercise powers of the board and the authority till it was established in accordance with sub section (1) of section 3 of the law.

“Admittedly the board had been established and, therefore, the proviso to sub section (3) had lost its efficacy thereafter. There is no reason why the board should not have been constituted since 2018. It, prima facie, appears that during this period the powers of the authority exercised by the chairman were without lawful authority and jurisdiction,” the court observed.

This indeed is a disturbing situation and would have profound consequences. Keeping the Board dysfunctional since 2018 has raised questions of paramount public importance, the court observed. It is surprising that the federal government had allowed the authority to remain virtually dysfunctional and that too in violation of its statutory obligations under the Ordinance of 2000, Justice Minallah added.

The court expected that the attorney general would explain the reasons for keeping one of the most important statutory authorities dysfunctional since last three years and the fate of the actions taken and orders passed by the chairman during this period.

Justice Minallah expressed the hope that the government i.e. the prime minister and members of the federal cabinet would ensure that the board was constituted in accordance with the provisions of the ordinance.

“In case the Board is not constituted till the next date fixed, then the interior secretary will appear in person and explain as to why proceedings may not be initiated against the person concerned. Further hearing has been adjourned till March 2.

Published in Dawn, February 4th, 2021