LAHORE: The National Database and Registration Authority (Nadra) chairman, Lieutenant General Munir Afsar, was ordered to step down by the Lahore High Court (LHC) on Friday. The LHC stated that Afsar’s nomination to the role was “unauthorized” and against Nadra’s regulations.
Lt Gen Afsar was appointed as Nadra’s chairman in October 2023, making history as the first active military officer to hold the position. The appointment was first approved by the caretaker administration, which was headed by the prime minister at the time, Anwaarul Haq Kakar. It was then approved by the elected federal government in March 2024 for a three-year tenure.
A civilian named Ashba Kamran submitted the case, arguing that the chairman’s appointment was “in violation of the provisions of Nadra Ordinance, 2000.” The petitioner further stated that the appointment did not follow “the procedures for holding an equitable and competitive process for appointment by inviting possible candidates.”
A fair and competitive process for appointment was not followed, and the appointment “contravenes the constitutional principle of equality of the citizens and abrogates guaranteed fundamental rights,” according to the petition. The matter was heard by Justice Asim Hafeez today, who also handed down a ruling that ordered Lt Gen Afsar to be removed from his position due to the lack of the necessary “authority of law” in his appointment.
The ruling stated that the appointment of Nadra Chairman constituted a “case of direct appointment, which was not publicized” and that “no qualification-based evaluation was conducted” at the time of his appointment. Furthermore, it stated that an appointment that was not announced and was not competitively insufficient is deemed to violate Article 18 of the Constitution.
“To avoid any misunderstanding, we would like to clarify that any government appointment can only take place following the publication of a suitable advertisement that invites applications from qualified applicants,” the verdict’s ruling stated. The order further stated that any appointment to a government position made without first publishing an advertisement, inviting applications from qualified candidates, and holding a fair selection process where all qualified candidates have an equal opportunity to compete would violate the constitutional guarantees outlined in Articles 18 and 27.
Justice Hafeez stated in the ruling, “I fear that illegality committed by way of an unauthorized appointment, by the appointing authority in absence of delegation, cannot be covered – one cannot hide the elephant in a mouse-hole.” Therefore, prudence must be used to prevent the office from being usurped. The confirmation of respondent No. 6’s appointment under these circumstances is unlawful and in conflict with the enactment in other ways. Consequently, the order allowed the petition and declared the appointment of the current Nadra chairman without “authority of law”.
