Nadra chief’s plea: IHC reserves judgment

Govt through a notification had removed Nadra Chairman Tariq Malik replacing him with Brig (retd) Zahid Hussain.

ISLAMABAD:

A local court Friday reserved judgment on a petition filed by National Database and Registration Authority (NADRA) Chairman challenging his aborted removal by the government.

Justice Noorul Haq N Qureshi of the Islamabad High Court (IHC) reserved the judgment after counsels from both sides concluded their arguments.

The government through a notification removed Nadra Chairman Tariq Malik on December 3 replacing him with Brig (retd) Zahid Hussain. However, the IHC suspended the notification and granted a stay to the petitioner fixing the case for hearing on December 13.

When the court resumed hearing at 10am on Friday, the government’s counsel Advocate Akram Sheikh argued that Malik had been appointed illegally due to his political affiliation with the previous government.

He maintained that the previous government gave him “undue favour” while he worked on different posts in the authority. Sheikh argued that Malik was appointed as adviser in selection monitoring cell (NADRA) in 2008 for six months on contract, promoting him to the position of general manager within the network. Subsequently, he was promoted to post of deputy chairman and then to chairman.

The counsel argued that the whole process was done without following criteria.

“Not a single criterion was followed while appointing/promoting him in the authority at the cost of hundreds of deserving candidates in the authority,” Sheikh argued.

He said that while Malik was consuming his probation period, the then government with mala fide intention created the post of deputy chairman in the authority and later he was appointed as chairman despite an objection raised by the then secretary establishment.

He argued that Malik has dual nationality and holds four passports, including a blue passport, in contravention of the recent judgment of the Supreme Court, which said that dual nationals could not be appointed on key government positions.

He also informed the court that during his tenure, Malik made 117 foreign tours and is getting Rs2.1 million salary per month. He maintained that the government has the authority to terminate his contract anytime. “According to his contract, the government could terminate him with one month salary.”

Sheikh said that there are set criteria for making appointments in statutory bodies and also a set process for their removal. He said Malik was appointed on contract and he had been removed according to the contract agreement.

Malik’s counsel Advocate Babar Sattar argued that he would not go into the details of his client. However, his client was removed in violation of the NADRA Ordinance 2000.

He said that the Supreme Court had constituted a commission during the caretaker setup in response to a petition by Khawaja Asif who is now a federal minister, adding this matter should be referred to the commission. “If the government wants to remove anyone from any post there is a commission who will see the affairs related to the appointments and removal of officials,” he maintained.

Sattar also debunked the allegations levelled against his client by the government counsel as false and without any proof. He argued that if there is serious allegation the government should have issued a show-cause notice to his client so he could explain his version.

Advocate Shoaib Shaheen, representing Brig (Retd) Zahid Hussain argued that the government had appointed his client following the criteria. He claimed that Malik was an active member of Pakistan People Party (PPP) and he was given out of turn promotions during 2008 and 2013. It is noted that Malik was appointed on June 17, 2012 on contract for three years.

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.

Published in The Express Tribune, December 14^th, 2013.