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The Federal Government exceeded its authority by introducing Rule 7A in the NADRA Rules, 2020, which allowed the appointment without following a competitive process --- Lahore High Court Lahore

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The Federal Government exceeded its authority by introducing Rule 7A in the NADRA Rules, 2020, which allowed the appointment without following a competitive process --- Lahore High Court Lahore

Islamabad 11-09-2024: The Lahore High Court has declared the appointment of Lieutenant General Muhammad Munir Afsar as Chairman of the National Database and Registration Authority (NADRA) illegal. The Court ruled that the appointment was made in violation of the NADRA Ordinance, 2000, and that the Federal Government had overstepped its delegated authority by introducing Rule 7A in the NADRA (Appointment and Emoluments of Chairman and Members) Rules, 2020.

Mr. Justice Asim Hafeez, who presided over the case, issued the ruling in response to a petition filed by Ashba Kamran, challenging the appointment of the Chairman NADRA. The petitioner argued that the appointment violated constitutional principles of equality and fairness, as it bypassed the competitive recruitment process required by law.

The Court highlighted that the NADRA Ordinance, 2000, specifically prescribes qualifications for the appointment of the Chairman under Section 3(7). These qualifications mandate a merit-based, competitive process to ensure transparency in public appointments. However, the appointment of Lieutenant General Afsar was made without public advertisement or qualification-based evaluation, relying solely on Rule 7A, introduced by the Caretaker Government in 2023.

The Court held that Rule 7A of the NADRA Rules, 2020, which allowed the Federal Government to appoint a serving officer of BPS-21 rank or higher on secondment or deputation in national interest, was inconsistent with the NADRA Ordinance. Mr. Justice Asim Hafeez ruled that the rule was beyond the scope of the delegated legislative authority granted to the Federal Government and could not override the statutory requirements of the Ordinance.

The Federal Government argued that the appointment was justified due to national interest concerns, citing data breaches and security threats within NADRA. However, the Court rejected this defense, ruling that even in national interest, the legal requirements of merit-based and competitive appointments must be followed. The Court emphasized that national interest cannot be used to bypass the law.

In determining the legality of the appointment, the Court exercised its quo warranto jurisdiction under Article 199(1)(b)(ii) of the Constitution, which allows the Court to question the legal authority under which a public office is held. The Court concluded that the appointment of Lieutenant General Afsar was without the “authority of law” and, therefore, invalid.

The Lahore High Court ruled that Lieutenant General Muhammad Munir Afsar’s appointment as Chairman NADRA was quashed, as it violated the NADRA Ordinance and the constitutional principles of equality and fairness. The judgment stated, “The appointment, confirmation, and continuing holding of the office of Chairman NADRA by respondent No. 6 is declared without the ‘authority of law’.”

This landmark ruling emphasizes the importance of adhering to statutory mandates and ensuring transparency in public office appointments, even when national interest is cited as a reason for exceptions. The decision is expected to have significant implications for future government appointments and the use of delegated legislative powers.