Former IGP Punjab Mushtaq Sukhera PHOTO: PHOTO: FILE
The law ministry quoted an example of Justice Sajjad Ali Shah who had to leave the office of chief justice without proceeding to SJC when his appointment was termed illegal. Likewise, Supreme Court had terminated the judges without proceeding to SJC when their appointment was termed illegal.
The Ministry of Law and Justice has responded to the plea of Sukhera in which it has stated that the appointment is the discretionary power of President of Pakistan and no advice of premier or cabinet is required.
The reply states that Sukhera can be discharged directly and the court examples in this context are present, according to which, if the appointment is made unlawfully, then there is no need to consider the rules.
The detailed reply states, “It is said that prime minister recommended Mustaq Sukhera as Federal tax Ombudsman two years before on Aug 30, 2017; according to this President of Pakistan appointed him on the very day. According to clause 3 (1) of Ordinance 2000, it is the prerogative of President of Pakistan and PM advice is not necessary.
The important point is that the principle of appointment is clear and it cannot be deviated. According to clause 5 of Act 2013: Federal tax Ombudsman would only be removed by filing reference in SJC but this law will only be implemented if the appointment is according to the law. President did the appointment with recommendation of PM so this is illegal. At this situation it is not even necessary to issue show cause notice”.
Sources said that Sukhera’s involvement in the incident in Lahore’s Model Town, in which over a dozen people were killed, led to his removal from the position.
They said that he was named in a complaint filed by the Pakistan Awami Tehreek (PAT) against top leaders of the Pakistan Muslim League-Nawaz (PML-N) and senior police officials.
Last year an anti-terrorism court indicted Sukhera and 115 other police officials in connection with their alleged role in the June 2014 Model Town incident in which 14 PAT workers were killed.
However, the sources said it was not the Model Town case alone which led to Sukhera’s sacking; his frequent rulings against officers of the Federal Board of Revenue (FBR) also played a part.
The Federal Tax Ombudsman Ordinance 2002 empowered him to proceed on a “complaint by any aggrieved person, or on a reference by the president, the Senate or the National Assembly, as the case may be, or on a motion of the Supreme Court or a High Court made during the course of any proceedings before it or of his own motion, investigate any allegation of maladministration on the part of the Revenue Division or any Tax Employee”.
They said some senior officials of the FBR had submitted a representation against him to President Dr Arif Alvi.
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