Tapped by technicality: LHC restrains interior minister from NADRA meetings

CJ says nothing should come in the way of independence of state institutions


Our Correspondent January 10, 2017
PHOTO: EXPRESS

LAHORE: Lahore High Court Chief Justice Syed Mansoor Ali Shah on Tuesday restrained Interior Minister Chaudhry Nisar Ali Khan from chairing National Database and Registration Authority (NADRA) board meetings.

The court also stayed the appointment of Tariq Mahmood and Tariq Akbar on a petition challenging the alleged illegal stationing of eight board members of the authority.

The CJ, during proceedings, said the courts would anything to come in the way of the independence of state institutions.

“Let the state institutions work independently,” observed CJ Shah. He also directed the law officer to convey the directions of the court to the authorities concerned.

The court issued this order on the petition of Awaisur Rehman who challenged the appointments of NADRA members and the involvement of Chaudhry Nisar in the authority’s affairs. He submitted that the authority was established under NADRA Ordinance 2000 to facilitate the registration of all people in the country for a multipurpose database and networking.

In view of section 3(2) of the Ordinance, NADRA shall be a corporate body with powers to acquire, hold and dispose property with perpetual succession.

Rehman said according to Section 3(3) of the NADRA Ordinance, it should have a chairman and not less than five members to be appointed by the federal government.

He said in view of Section 3 of the ordinance, the interior ministry issued two notifications for the appointment of NADRA board members. He said according to a notification issued on January 7, 2014, Hamid Ali Khan, Kazim Niaz, Jawaid G Ghani, Navid H Malik and Fareed Ahmad Khan were appointed as members of NADRA. On January 12, 2016, another notification was issued and Saleh Farooqi, Tariq Akbar Khan, Aamer Ahmed and Brigadier (Retired) Kamal Aziz were also appointed as members of NADRA.

The petitioner said the appointment of eight out of these nine members was made against merit. He said these posts were not advertised nor were any applications invited to fill the posts. He said the appointments are liable to be set aside.

He added the ministry made these appointments on the instructions of Interior Minister Chaudhry Nisar Ali Khan. He said Nisar was using NADRA for his own political motives and helping his favourites by appointing them as board members. He added that the minister chaired meetings of its members and influenced the functioning of the authority, which is meant to be an independent body without the influence of any politician.

He requested the court to direct the interior minister from interfering NADRA’s affairs. He also requested the court to issue orders to make the qualification of NADRA board members as public so that their eligibility could be determined. He also requested the court set aside the appointment of Syed Muzaffar Ali Shah as deputy chairman of NADRA.

Published in The Express Tribune, January 11th, 2017.

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