The Lahore High Court (LHC) has annulled the appointment of Lieutenant General Munir Afsar as Chairman of the National Database and Registration Authority (NADRA). Justice Asim Hafeez ruled in favor of a petition filed by Ashba Kamran, a citizen who challenged Afsar’s appointment as unlawful. The court declared the appointment null and void, ordering his immediate removal from office.
The petitioner’s argument centered on the interim government’s amendment of the NADRA Act, which permitted the appointment of a serving military officer as chairman. The petitioner contended that this move was beyond the mandate of a caretaker government, which is intended to refrain from making permanent policy decisions. The court sided with the petitioner, effectively invalidating both the amendment and Afsar’s appointment.
Challenging the Legality of the Appointment
Ashba Kamran’s petition requested that the court nullify the amended NADRA rules and declare the appointment of a serving military officer as void. It was argued that the caretaker government had overstepped its authority by approving the appointment. The court’s ruling, delivered after a detailed hearing, found that the interim government lacked the jurisdiction to make such a significant policy change.
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The appointment process was brought into question during the hearings, with concerns raised about the transparency and legality of the amendment to the NADRA Act. After considering the presented arguments, the court concluded that the caretaker government’s actions were outside its defined mandate, reinforcing the principle that interim administrations should not engage in permanent policy changes.
The Appointment and Its Aftermath
Lieutenant General Muhammad Munir Afsar was appointed as NADRA Chairman in October 2023, following a summary submitted by the Ministry of Interior that listed three candidates. His appointment was approved by the caretaker federal government, making him the first serving military officer to head NADRA. The appointment took effect immediately, as confirmed by an official notification.
In his capacity as a lieutenant general, Munir held several key positions within the Pakistan Army, including Inspector General of Communication and IT and Commander of the Army Cyber Command. However, his appointment to NADRA was met with legal challenges, ultimately leading to his removal from the position.
Implications of the Ruling
The court’s decision highlights the limitations placed on interim governments, particularly regarding significant policy decisions. The annulment of Afsar’s appointment underscores the importance of adhering to established legal norms and procedures, especially in matters involving key national institutions. The ruling reinforces the idea that caretaker administrations must operate within their defined mandate, refraining from enacting changes that have long-term implications.
This case serves as a reminder of the judiciary’s role in maintaining checks and balances on government actions, ensuring that all appointments and policy decisions adhere to legal standards and democratic principles.