Appointment process for FTO challenged

LHC serves notices on president, PM, law ministry secy

ISLAMABAD:

The Lahore High Court (LHC) has served notices on President Arif Alvi, Prime Minister Imran Khan and the law ministry secretary for October 14 in a constitutional petition challenging the process of the appointment of the federal ombudsperson without defining any basic qualification and eligibility criteria for it.

It has been learnt that a constitutional petition was moved by Advocate Waheed Shahzad Butt Advocate through lawyer Muhammad Azhar Siddiqe with the LHC. The lawyer argued that a combined reading of the provisions of the FTO Ordinance, 2000 and the FOIRA, 2013 clearly manifested that the legislature had unambiguously intended to ensure the independence of the office of the ombudsman and scope of removal of a person appointed under section 3(1) of the Ordinance of 2000 and that too through the Supreme Judicial Council established under Article 209 of the Constitution.

“[The] ombudsperson is a public servant under Section 27 of the FTO Ordinance, 2000 and no specific criteria has been set for the appointment of [the] Federal Ombudsperson; the same is not an honorary position" the petition read.

"Therefore the contents of Section 3 and 5 of the FTO Ordinance, 2000 are vague, a prime example of unstructured discretion and show that any appointment being made according to the aforementioned statute is in fact an act of favouritism and the same is treated as an honorary post whereas it is not."

The petitioner sought court directions to the respondents -- the president, PM and the law ministry -- to halt any and all notifications of appointing the tax mohtasib or any other ombudspersons as they were public servants. "No specific criteria has been set for the appointment of a federal ombudsperson; the same is not an honorary position, hence the same may be declared as ultra vires of various provisions of Constitution of Pakistan, 1973."

The petitioner prayed that directions might be issued to the respondents to "immediately define/prescribe the basic qualification & eligibility criteria for appointment of [the] Federal Ombudsperson under relevant subordinate legislation read with FOIRA, 2013 wherein removal of [the] ombudsperson has been clearly defined i.e. through the process of Supreme Judicial Council established under Article 209 of the Constitution".

Additionally, the LHC was also asked that till the disposal of the instant writ petition, appointments to vacant posts might be filled after submitting the particulars of potential candidates before the high court.