ISLAMABAD: The Supreme Court was approached on Thursday to challenge the process for appointing the head of the National Database and Registration Authority (Nadra) as well as an amendment to the National Database and Registration Authority (Appointment and Emoluments of Chairman and Members) Rules, 2020.

Moved by Awaisur Rehman through his counsel Muhammad Ahmed Pansota, the petition sought a declaration from the Supreme Court that the Aug 7, 2023, amendment to the National Database and Registration Authority (Appoin­tment and Emoluments of Chairman and Members) Rules, 2020, was ultra vires since it was discriminatory and violated Articles 25 and 27 of the Constitution.

The petition also asked the court to declare that the government had no power to amend the National Database and Registration Authority (Appointment and Emoluments of Chairman and Members) Rules, 2020, after the appointment advertisement was published on July 6, since the petitioner had a legitimate expectation to be treated in accordance with the appointment rules as they stood before July 6.

Or in the alternate, the petition said, the court should declare that the Aug 7 amendment to the National Database and Registration Authority (Appointment and Emoluments of Chairman and Members) Rules, 2020, was not applicable and effective to the process for appointing Nadra chairman which began on July 6.

The petition requested the Supreme Court to order the federal government to conduct the process of appointment and eventually appoint the chairman strictly in accordance with the law while maintaining fairness and transparency during the process.

And during the pendency of the present petition, the federal government should be ordered to refrain from appointing any candidate who falls foul of Rule 5 of the National Database and Registration Authority (Appointment and Emoluments of Chairman and Members) Rules, 2020.

The petition pleaded that the caretaker government cannot appoint or remove the chairman of Nadra, since as per Section 230 of the Elections Act, 2017, the interim government cannot take any major policy decision.

It is a settled law that the caretaker government can only perform routine functions of the government and, therefore, no permanent measures, such as appointment of Nadra chairman for a three-year period could be taken, the petition said.

The petition argued that Nadra is an independent and autonomous body, but the government can appoint its chairman and members, but once this is done, the law governing Nadra does not envisage the involvement of the federal government in its functions.

Published in Dawn, September 1st, 2023