IHC transfers Nacta’s control back to PM

Sets aside notification that had put Nacta under the control of interior ministry.

ISLAMABAD:

Islamabad High Court (IHC) on Wednesday ordered transfer of the administrative control of National Counter Terrorism Authority (Nacta) to the prime minister.

Hearing identical petitions, the IHC judge Justice Noorul Haq N Qureshi set aside a July 15, 2013 notification that had put Nacta under the administrative control of interior ministry.

The court declared the transfer of Nacta’s control from the prime minister to interior ministry as illegal and all its decisions null and void.

The IHC also restored the services of six Nacta officials, who were sacked by Nacta National Coordinator (NC) Khawaja Ashraf Amir, following the issuance of July 15 notification. Amir was later appointed as Nacta chief.

The petitioner, Nacta’s Assistant Director Law Javed Iqbal, had nominated secretary establishment division, ministry of interior, Nacta and Prime Minister’s Office through its secretary as respondents.

Advocate Shoaib Shaheen, representing the petitioner, told the court that Nacta is an independent body according to section 03 of Nacta Act, and only answerable directly to the prime minister.

“The Authority shall be an independent body answerable directly to the Prime Minister,” the counsel cited the second clause of the Nacta Act.

Shaheen told the court that in accordance with the said provisions of the Nacta Act, two notifications dated April 10, 2013 and May 09, 2013 were issued, whereby authority was declared to be an independent body and directly answerable to the prime minister.

“However, another notification was issued on July 15, 2013, whereby the administrative control of Nacta was transferred to the ministry of interior in violation of provisions of Nacta’s Act,” he said.

Published in The Express Tribune, July 10^th, 2014.