- Govt contends petition limited to interim govt's notification.
- LHC's two-member bench suspends last week's court order.
- Plea challenged caretaker govt's authority in policy matters.
The Lahore High Court (LHC) has reinstated Lieutenant General Munir Afsar as the chairman of the National Database and Registration Authority (Nadra).
Hearing the intra-court appeal filed by the federal government, LHC's two-member bench comprising Justices Chaudhry Muhammad Iqbal and Ahmad Nadeem Arshad suspended the high court's September 6 verdict wherein it had declared Lt Gen Afsar's appointment null and void.
The decision, announced by Justice Asim Hafeez, came after a citizen named Ashba Kamran challenged the appointment of Afsar as the chairman in a petition, which was approved by the LHC.
Kamran's petition argued that the caretaker government approved the appointment of a serving army officer by amending the Nadra Ordinance.
The caretaker government cannot interfere in permanent policy matters, the plea added.
During the hearing today, the government's lawyer apprised the court that Nadra chairman's appointment notification was challenged in the plea. However, he added, the petitioner's request was limited only to the extent of the notification issued by the caretaker government.
The applicant never challenged the new rule, he said, while requesting the court to annul the single-member bench's last week's verdict.
At this, the LHC suspended Justice Hafeez's ruling and restored Lt Gen Afsar's appointment as Nadra head.
It is to be noted that the interim federal cabinet had approved the rules for the appointment of the Nadra chairman, which opened doors to the servicemen to be deputed as the head of the public institution, The News reported on August 30 last year, citing sources.
The publication said that the summary received by the Cabinet Division from the Ministry of Interior, in which filling the extraordinary position of Nadra chairman on a deputation or secondment basis had been clearly approved for inclusion in the new rules.
Previously, Nadra Ordinance clearly stated that only an independent person could be appointed to this post, which meant that no government official, retired officer or secretary could be given this position.
