LHC bench’s verdict on Nadra chief challenged

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LAHORE: The federal government has filed an intra-court appeal (ICA) in the Lahore High Court challenging a single bench’s order that set aside the appointment of Lt Gen Muhammad Munir Afsar, a serving army officer, as chairman of the National Database and Registration Authority (Nadra).

The appeal, filed through the attorney general office, pleads that the single bench ignored facts and the laws in passing the decision.

It argues that the federal government is competent to undertake rule-making exercise under the mandate of Section 44 of the Nadra Ordinance, 2000, which included the power to amend the rules.

The appeal says the appointment of the chairman had been made under Rule-7A of the Nadra (Appointment and Emoluments of Chairman and Members) Rules, 2020 and when discretion is exercised, there is no requirement of issuing a public advertisement or to undertake competitive recruitment process.

The government asks a division bench, which will take up the appeal, to set aside the single bench’s decision and reinstate the appointment of the Nadra chairman.

A two-judge bench, comprising Justice Chaudhry Muhammad Iqbal and Justice Ahmad Nadeem Arshad, will hear the ICA on Tuesday (today).

A single bench comprising Justice Asim Hafeez had declared the appointment of Nadra’s chairman unlawful.

Petitioner Ashba Kamran had challenged the appointment initially made by the caretaker set-up on Oct 2, 2023, and consequently retained by the elected government through a new notification issued on March 28, 2024.

Published in Dawn, September 10th, 2024

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