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Sunday, October 6, 2024

Court Reinstates Lt Gen Munir Afsar as NADRA Chairman

The Lahore High Court reinstated Lt Gen Munir Afsar as NADRA chairman, reversing an earlier decision and sparking debate on the appointment of serving military officers to civilian roles.

The Lahore High Court (LHC) has reinstated Lieutenant General Munir Afsar as the chairman of the National Database and Registration Authority (NADRA), overturning a previous ruling that had declared his appointment null and void. The decision came after a two-member bench, comprising Justices Chaudhry Muhammad Iqbal and Ahmad Nadeem Arshad, heard an intra-court appeal filed by the federal government against the earlier verdict announced by Justice Asim Hafeez on September 6.

Justice Hafeez had ruled Afsar’s appointment as unlawful following a petition by a citizen, Ashba Kamran. Kamran argued that the caretaker government had overstepped its authority by approving the appointment of a serving military officer, thereby amending the NADRA Ordinance to accommodate Afsar’s appointment. Kamran contended that the caretaker government should not interfere in permanent policy matters, and the rules should only allow for an independent person to hold the post.

Debate Over Government’s Authority

The government’s lawyer argued that the petition had challenged only the notification of Afsar’s appointment, not the amended rule itself, which allows for a serving officer to be appointed to the post. Based on this argument, the LHC suspended the earlier ruling and restored Lt Gen Afsar as NADRA chairman. The issue of appointing a serving officer to head NADRA has sparked significant debate, given the sensitive nature of the position.

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The interim federal cabinet had revised the rules in August last year, enabling government officials, including military personnel, to be appointed as NADRA chairman on a deputation or secondment basis. This amendment marked a shift from the previous policy, which stipulated that only an independent person could hold the position, effectively barring any government officials, retired officers, or secretaries from the role.

Context and Significance

Lt Gen Munir Afsar, appointed in October 2023, became the first serving military officer to assume the role of NADRA chairman. His appointment followed a summary from the Ministry of Interior, which included three recommended candidates. The appointment was made effective immediately through a notification issued after the caretaker federal government’s approval.

Munir Afsar brings a wealth of experience to his role, having held prominent positions within the Pakistan Army, including Inspector General of Communication and IT and Commander of the Pakistan Army Cyber Command. His appointment has been seen as part of a broader effort to modernize and enhance NADRA’s technological capabilities, a critical component of Pakistan’s national security and administrative functions.

Future Implications

The reinstatement of Lt Gen Afsar is likely to have significant implications for the governance of NADRA and the broader debate about the role of the military in civil institutions. Supporters of the appointment argue that Afsar’s experience in cybersecurity and communication is vital for the development and modernization of NADRA, while critics view it as an encroachment of military influence into civilian affairs.

The LHC’s recent decision reflects the complex legal and political landscape surrounding the appointment of high-ranking officials in Pakistan’s key public institutions. As the debate continues, the focus remains on ensuring that NADRA, a pivotal body responsible for national identification and registration, operates effectively and transparently under its new leadership.