Clarification: IHC has not declared Khawar Mumtaz ineligible
Apropos our news item published on March 7, IHC declares Khawar Mumtaz ineligible for NCSW chairperson post, it is clarified that the news report gave the impression that the appointment of Chairperson NCSW was declared “null and void” by Islamabad High Court. This contrary to the facts. Nor has she been declared “ineligible”.
The IHC judgment says: “I allow this petition with a heavy heart because Ms. Mumtaz’s appointment is set aside for no fault of hers. Her qualifications and ability to be appointed as a Chairperson of NCSW were not questioned. All acts performed and decisions taken by Ms. Mumtaz while holding the said office are saved under de facto doctrine. She will be considered along with the other contestants already found suitable by respondent No. 1 for the position of the Chairperson NCSW.” Honourable Judge of Islamabad High Court in his judgement (W.P. No. 3766/2016) para 43.
Daily Times has further learnt that the Intra Court Appeal challenging this decision is sub judice.
ISLAMABAD: The post of National Commission on the Status of Women (NCSW) chairperson has become vacant once again after the Islamabad High Court (IHC) set aside appointment orders of the incumbent head Khawar Mumtaz.
Khawar Mumtaz was appointed for the second time against the slot in 2016. Earlier, she had served for three years on the same post.
According to the available information, a seven member Scrutiny Committee headed by Law Minister Zahid Hamid exercised procedure of selection of chairperson slot and had finally picked Mumtaz for the post.
Soon after Mumtaz’s appointment, Quaid-i-Azam University Gender Studies Department Director Dr Farzana Bari, challenged Mumtaz’s appointment in the IHC. A few days ago, the IHC judge Miangul Hassan Aurangzeb in a judgment, declared the appointment null and void.
The petition said that Mumtaz had already completed a term of three years as chairperson of the commission and that her reappointment was not made in a transparent manner, adding that such an executive cannot exercise authority in a monarchial fashion and punish these who resist usurpation of law.
The fundamental rights of the public at large have been violated by her reappointment as chairperson.
The petitioner further claimed that the authorities ignored the prescribed criteria in NCSW act and they also had committed other procedural irregularities which, the petitioner added, adversely affected the rights of other suitable candidates for the post.
As per NCSW act, for the appointment of chairperson, the federal government shall through a public notice, invite suggestions for suitable persons for the post, after proper scrutiny, and shall submit a list of those persons to the prime minister and the leader of the opposition in the National Assembly.
The act further said that the PM shall in consultation with the leader of the opposition in the National Assembly, forward three names for the chairperson to a parliamentary committee for hearing and confirmation. The parliamentary committee shall be constituted by the speaker of the National Assembly and shall comprise 50 percent members from the treasury benches and 50 percent from the opposition parties, based on their strength in parliament, to be nominated by the respective parliamentary leaders.
Finally, the parliamentary committee shall regulate its own procedure regarding the final selection of the nominee confirmed by the PM while the ministry of human rights will issue the notification.
While defending the NCSW, the Additional Attorney General (AAG) said, “The appointment of Khawar Mumtaz as chairperson of NCSW was strictly in accordance with provision of the commission act.”
However, the court rejected the AAG’s arguments. It directed that the PM shall take in consideration the appointment summary and accompanying material in carrying out consultative process with leader of the opposition as per the set law.
The IHC further stated that all acts performed and decisions taken by Mumtaz while holding the said office are saved under the ‘de facto’ doctrine.
Published in Daily Times, March 7th 2018.
Updated, March 8th 2018.