While setting aside decision of a single-member bench on Wednesday, Divisional Bench of the Lahore High Court upheld appointment of Lt-Gen Muhammad Munir Afsar as Chairman National Database and Registration Authority.
Lieutenant General Muhammad Munir Afsar, Hilal-i-Imtiaz (Military) was appointed Chairman National Database and Registration Authority (NADRA) and Registrar General of Pakistan on 3 October 2023. He is the second serving military officer to assume this position, after the Founding Chairman. He brings to NADRA over three decades of experience of military administration, technical development and digitization.
Invoking jurisdiction of the Lahore High Court (LHC) through writ of quo warranto, a lady, Ashba Kamran prayed the court to declare the appointment illegal. To which a single-member bench of the Justice Asim Hafeez accepted the plea and declared the appointment illegal.
Assailing the single-member bench decision federal government filed intra-court appeal in the matter saying all the legal formalities were observed in true letter and spirit while issuing notification for appointment of Chairman NADRA. Accepting the intra-court appeal the bench comprising Justice Chaudhry Muhammad Iqbal and Justice Ahmad Nadeem Arshad observed that the single bench did a “judicial overreach” by striking down the appointment of the NADRA Chairman.
The Divisional Bench of the LHC said in its verdict, “The Caretaker Federal Government while invoking jurisdiction under Section 230 of the Elections Act, 2017 through notification dated 13.09.2023 inserted Rule 7A in the Rules, 2020 and for a short-term appointed Chairman, NADRA vide notification dated 13.09.2023. The respondent No.1 ( Ashba Kamran) through the writ petition challenged the appointment of Chairman NADRA. Subsequently, on establishment of incumbent elected Government, the Federal Government in terms of Rule 17(1)(b) read with Rule 19 (1) of the Rules of Business, 1973 confirmed the insertion of Rule 7(A) of Rules 2020 and appointment of Chairman, NADRA. The respondent No.1 did not challenge the subsequent notifications both dated 28.03.2024 in Writ Petition [No.12091/2024] as such the writ petition of respondent No.1 had become infructuous. Whereas the learned Single Judge in Chamber while exercising suo moto power set aside Rule 7A of Rules, 2020 and held appointment of Chairman, NADRA as without lawful authority which exercise of power by the learned Single Judge in Chamber is a clear example of judicial overreach and deserves to be reversed.”
