Deadline: Top court refers NADRA chief’s sacking to IHC

Sets 30-day deadline for adjudication on the chairman’s removal.

ISLAMABAD:

The Supreme Court on Tuesday said that the Islamabad High Court (IHC) will pronounce within a month its ruling on the government’s move to challenge the interim stay order granted against the National Database and Registration Authority (NADRA) chairman’s termination from service.

A three-member bench comprising Justice Tassaduq Hussain Jilani, Justice Ijaz Ahmed Chaudhry and Justice Sheikh Azmat Saeed directed the IHC to settle the case of NADRA chief Tariq Malik within 30 days. The government had challenged the interim stay order granted by the IHC against Malik’s sacking in the apex court.

On December 3, Justice Noorul Haq N Qureshi of the IHC suspended the notification issued by the establishment division, which ordered the suspension of NADRA Chairman Tariq Malik from his post without substantial reason. The IHC had also suspended the notification of Brig (retd) Zahid Hussain, who was appointed by the government on the same day.

Advocate Akram Sheikh, representing the federal government while challenging the IHC order, argued that the government had rightly appointed Hussain.  He claimed that Malik was not capable for the job and it was the government’s prerogative to appoint anyone to the position. He requested that the court order the IHC to decide the matter in one day, however Barrister Aitzaz Ahsan, counsel for Malik, opposed the argument. While referring the matter to the IHC, the SC bench asked both the parties to argue the matter in the high court.

The interim relief granted by the IHC is to expire today (Wednesday), as Justice Qureshi of the IHC will take up the matter in today’s hearing and decide on an extension.

Govt submits reply in IHC

In the reply submitted before the Islamabad High Court (IHC) on Tuesday, the federal government maintained that the removal of NADRA chief Tariq Malik was justified. He was recruited on contract that could be terminated on one-month notice. “The NADRA chairman was paid one month’s salary with his termination orders,” the government maintained in its reply before the court.

It went on to claim that Malik was appointed to the post of chairman without proper advertisement in newspapers. Hence, his appointment was made in violation of rules and was illegal, which is why the government removed him.

Malik’s sacking came only days after an election tribunal asked NADRA to verify the thumb impressions of voters from the Lahore constituency NA-118, won by Pakistan Muslim League-Nawaz candidate Malik Riaz.

The counsel for Malik had already rejected the government’s claims that Malik’s appointment as the chairman was ‘illegal’. Malik’s appointment was made in line with laid down rules and procedures, advocate Babar Sattar had argued before the IHC.

Malik was appointed on June 17, 2012 on a contract basis for a period of three years and under section 3(12) of the Ordinance.  He had earlier served as a member of NADRA.

Published in The Express Tribune, December 11^th, 2013.