A constitutional petition on Thursday was filed in the Supreme Court against an amendment to the National and Database Registration Authority (NADRA) rules for the appointment of its chief.
The petition contended that the amendment to the National Database and Registration Authority (Appointment and Emoluments of Chairman and Members) Rules, 2020 on August 7, 2023, was ultra vires the NADRA Ordinance 2000 and discriminatory.
Therefore, the plea added that the amendment violated Articles 25 and 27 of the Constitution and should be declared illegal.
The petitioner maintained that the NADRA chief could not engage in any other service, business, profession or employment during their term of office,
He added that the amendment to the rules of the appointment of NADRA chief was contrary to Section 34 of the authority’s ordinance.
He requested the SC to direct the federal government to conduct the process and eventually appoint the NADRA chief strictly in accordance with the law while maintaining fairness and transparency.
The plea added that during the pendency of this petition, the federal government should be directed to refrain from the appointment of any candidate, who fell “foul” of Rule 5 of the NADRA Rules, 2020 as it stood prior to August 7, 2023.
The petitioner argued that appointments in state institutions directly affected the fundamental rights of the people and the appointment of the NADRA chief was being carried out in a “very suspicious manner”.
The plea read that after the publication of an advertisement for the appointment of the NADRA chairman, the amendment should be declared null and void as it showed that the government wanted to “benefit a particular individual”.
The petitioner noted that the previous federal government had failed to appoint the NADRA chief within 60 days during its tenure.
He added that issuing the interview notice on the federal government’s last day of the tenure was a violation of the Constitution.
It is pertinent to mention that another English newspaper published a story that the caretaker federal cabinet had approved the rules for the appointment of the NADRA head, according to which a serviceman could also be appointed as the chief of the institution.
It reported that for the appointment of the NADRA chief, the caretaker government had to take permission from the Election Commission of Pakistan (ECP).
However, instead of taking permission from the ECP to appoint the NADRA chief according to merit, the caretaker government changed the rules for the hiring.
(With input from our News Desk in Karachi)
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