KARACHI — The Sindh High Court (SHC) has set aside the appointment of the provincial director of the National Cyber Crimes Investigation Agency (NCCIA), ruling that the post was illegally filled by a junior officer. In a significant judgment on Tuesday, a two-judge constitutional bench ordered the immediate appointment of the “senior-most eligible officer” to lead the agency in Sindh until a regular promotion is finalized.
Key Highlights
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The Ruling: The SHC declared the appointment of Additional Director Amir Nawaz as “arbitrary” and “without lawful authority.”
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Seniority Overridden: The court noted that a junior officer could not hold a “look-after charge” (BS-20) when senior eligible officers were available.
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NCCIA vs. FIA: The bench clarified that since the FIA’s cybercrime wing was dissolved in 2025, personnel transferred to the NCCIA cannot be arbitrarily “surrendered” back to the FIA.
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Legal Mandate: The court directed the Ministry of Interior and the NCCIA Director General to follow statutory rules and the Central Selection Board’s recommendations for future appointments.
The Merit Dispute
The petition was filed by Shahzad Haider, who challenged the April 2025 decision to grant the look-after charge of Director (BS-20) to Amir Nawaz—an officer junior to the petitioner and five others. Represented by Barrister Zameer Hussain Ghumro, the petitioner argued that the move bypassed regular promotion channels and violated the principles of seniority laid down by superior courts.
The bench, led by Justice Adnan-ul-Karim Memon, agreed, stating:
“The post in question could not have been filled through a look-after charge in favor of a junior officer in the presence of the senior-most eligible officer.”
Impact of the 2025 PECA Amendment
The case also shed light on the structural transition of Pakistan’s cyber-policing. Under the 2025 amendment to the Prevention of Electronic Crimes Act (PECA), the FIA’s cybercrime wing was dissolved, and all assets and personnel were transferred to the newly formed NCCIA.
The court observed that because the FIA wing no longer exists for these roles, the department’s attempt to “surrender” the petitioner’s services back to the FIA was legally void. This ruling sets a precedent for the job security and seniority rights of hundreds of officers currently transitioning between the two federal agencies.
Current Context: Cyber Security Vigilance
This judicial shake-up at the NCCIA comes at a critical time for the agency. Just 24 hours ago, the Sindh government’s Peoples Motorcycle Fuel Subsidy portal was forced offline due to repeated “hacking attempts.”
With the provincial NCCIA leadership now in transition, the “senior-most officer” taking charge will face an immediate challenge in securing the province’s digital infrastructure against cyber-attacks targeting public relief programs and sensitive government data.
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