LAHORE: A division bench of the Lahore High Court on Wednesday allowed an intra court appeal of the federal government and set aside a single bench order and upheld the appointment of Lt Gen Muhammad Munir Afsar as chairman NADRA.
The bench observed that the single bench did a “judicial overreach” by striking down the appointment of the NADRA chairman.
The single bench on September 6, 2024 had allowed a petition by a woman activist, Ashba Kamran, and scrapped the appointment of Lt Gen Afsar as chairman NADRA.
The caretaker government on October 2, 2023 had appointed Lt Gen Afsar and consequently retained by the elected government through a new notification issued on March 28, 2024.
The bench observed that both the caretaker and incumbent elected government, drawing strength from the relevant law, undertook all actions, from the insertion of Rule 7-A in the NADRA Rules 2020 to the issuance of the appointment notification of the respondent.
The bench said the federal government, being the competent authority, has the power to make rules as well as to make appointment of NADRA chairman.
“As such, the appointment of Chairman NADRA is not an appointment against the statutory provisions/rules, the bench added. The bench maintained that writ of quo warranto cannot be issued in such circumstances.
The bench also noted that the petitioner before the single bench challenged the appointment of the NADRA chief.
Subsequently, on establishment of the elected government, the federal government confirmed the insertion of Rule 7(A) of Rules 2020 and appointment of the NADRA chairman.
The bench said the petitioner/woman did not challenge the subsequent notifications both in her writ petition and as such the petition had become infructuous, the bench added.
“Whereas the single bench in chamber while exercising suo motu power set aside Rule 7A of Rules, 2020 and held appointment of Chairman, NADRA as without lawful authority, which exercise of power by the single bench in chamber is a clear example of judicial overreach and deserves to be reversed,” the bench held.
Copyright Business Recorder, 2025
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