Disputed appointment: IHC rules in favour of ex-NADRA chairman

Sets aside govt’s notifications through which Malik was removed and Brig (retd) Hussain appointed acting chairman.

ISLAMABAD:

Although National Database and Registration Authority’s (Nadra) ‘former’ chairman Tariq Malik resigned last week, the Islamabad High Court (IHC) on Monday declared the government’s earlier notification of removing him from his post null and void.

Justice Noorul Haq N Qureshi, while referring to Tariq Malik’s resignation, remarked that he had learnt about changes that have taken place related to the case when he returned from his holiday. “But I will announce the judgment,” he said.

Justice Qureshi set aside both notifications dated December 2, 2013 through which Malik was removed and Brig (retd) Zahid Hussain appointed as acting chairman of NADRA.

Malik’s dismissal and the subsequent appointment of Hussain, the authority’s Sindh director general, raised many an eyebrow. However, within a few hours, the IHC restored Malik.



Akram Sheikh, the federation’s counsel in the case, had told the court on December 13 last year that the previous government appointed Malik in violation of rules and procedure.  Malik’s counsel Babar Sattar argued that the appointment of his client was in accordance with the NADRA Ordinance.

The Federal Investigation Agency (FIA) had summoned the NADRA chairman for his reply to the alleged irregularities discovered within the authority, but he did not appear before the inquiry committee. In a written reply, however, he rejected the allegations.

Malik resigned as chairman on January 10, 2014, after an election tribunal asked NADRA to verify thumb impressions of voters from a Lahore constituency, NA-118, won by PML-N candidate Malik Riaz.

In an interview conducted by The Express Tribune, he explained that his resignation came in the interest of the people and betterment of the institution. “I could not have compromised on principles,” he said, adding that working with the government had become almost impossible.

Crisis looms for NADRA

The resignation of the former NADRA chairman has plunged the authority into a crisis, as the issuance of over 100,000 national identity cards (NICs) and birth certificates are pending.

According to the body’s rules, the NADRA chairman is the registrar and signing authority for the issuance of any ID card or computerised birth certificate. Sources said that about 40,000 ID cards and birth certificates are issued daily but with the resignation of Malik, this accumulating amount has created a backlog.

The government has appointed an acting chairman to look after the administrative matters of the authority, but according to the NADRA rules, it is mandatory that the chairman use the powers of registrar. The ordinance is silent about the acting chairman exercising the signing power for the issuance of ID cards.

Sources said it would take about 20 to 25 days to appoint a new chairman, which means the backlog of unsigned identification documents could be up to 800,000.

Additional Interior Secretary Imtiaz Tajwar, who has been given the additional charge of NADRA chairman, is not entitled to exercise signing powers. In response to questions regarding a backlog, Tajwar said he was not allowed to talk to the media.

Published in The Express Tribune, January 14^th, 2014.