A two-member Supreme Court bench on Monday took up a petition against the government’s failure to appoint a federal ombudsman and asked the federal government to submit its reply within 15 days.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain ordered Attorney General Moulvi Anwarul Haq to seek a reply from the federal government for delaying the appointment of a federal ombudsman. The court observed that the vacant position was a very important constitutional office and could not be left empty for such a long time.
The ombudsman’s office is lying vacant since October 27, 2010. Almost 50,000 complainants against the maladministration of various government departments’ officials are lying pending. Petitioner Dr Muhammad Aslam Khaki argued that the federal government had shown grave negligence in its mandatory duty of appointing a federal ombudsman, or at least an acting ombudsman under Article 3 or 7 of the Establishment of the Office of the Wafaqi Mohtasib Order, 1983, (President’s Order No 1 of 1983). He said the currently non-functional secretariat of the ombudsman was the only inexpensive and speedy source of justice for the poor people.
In his petition, Khaki stated that the ombudsman’s office was globally recognised as a credible means to address the aggrieved citizens’ complaints against maladministration and injustices of federal ministries, divisions and autonomous bodies. He said the office was essential in ensuring accountability and transparency in the everyday public service delivery throughout the world. Under Articles 3 and 4 of the Ombudsman Order, 1983, the president of Pakistan appoints a federal ombudsman for a term of four years. Former federal ombudsman Javed Sadiq Malik completed his tenure on October 27, 2010, and the office is lying vacant for over a year.
