SHC directs governor to review KE CEO's case on merit

Court says Ombudsman’s order against Moonis Alvi will remain suspended until governor’s decision

The Sindh High Court has directed the Sindh governor to review the case filed against the removal of K-Electric CEO from the post of Provincial Ombudsman on merit. The court remarked that the order of the Ombudsman General will remain suspended until the governor decides the pending appeal.

A two-member bench headed by Justice Muhammad Iqbal Kalhoro heard the appeal, filed by the CEO of K-Electric challenging his removal from the office of the Provincial Ombudsman. K-Electric’s counsel, Barrister Abid Zuberi, informed the court that another hearing on the same matter was scheduled to take place at the Governor House today.

Justice Kalhoro remarked the Governor House is not a court where hearings take place, and since the matter is with the governor, the High Court cannot issue any order at this stage.

Barrister Zuberi argued that when the matter is raised here, the respondents claim it is pending before the governor, and when it goes before the governor, they say it is sub judice in the High Court. He requested that the petition be declared inadmissible.

The court ordered that the governor should examine the case on merit, and clarified that its earlier suspension of the Ombudsman General’s order will remain in effect until the governor finalises the case. The court emphasised that its order will not hinder the governor’s authority, who retains full powers to decide the appeal.

Also Read: Multiple factory fires rage across Karachi, destroying goods worth millions

During the hearing, a heated exchange took place between the court and Advocate Imtiaz Rasheed, counsel for the opposing side. The court initially recommended the suspension of the advocate’s licence.

Justice Kalhoro remarked that the court had only suspended the termination order and had not set it aside completely. He further noted that the court’s suspension order would not affect the ongoing appeal before the governor.

He added that the law provides a proper appellate forum—the governor—for challenging the Ombudsman’s decision. “If we decide before the governor, then what purpose would the appeal serve?” the judge observed, adjourning the hearing until December 9.

Advocate Rasheed expressed reservations about the ruling, calling it 'regrettable'. Justice Kalhoro responded that it was inappropriate to comment on the court’s decision after it had been announced, and advised him to apologise for his conduct, warning that the court could revoke his licence.

When Rasheed refused to apologise, stating that he had spoken according to the law, the judge issued a notice asking why his licence should not be suspended. Barrister Abid Zuberi then intervened, apologising on behalf of Rasheed and requesting the court to withdraw its order.

Justice Kalhoro remarked that while a court’s decision can be challenged, it should not be criticised in open court, adding that the judiciary would not tolerate misconduct regardless of bar association backing. Upon the request of Zuberi and other lawyers, the court withdrew its decision to suspend Rasheed’s licence and adjourned the hearing to December 9.

The Provincial Ombudsman had earlier ordered the removal of Alvi from office and imposed a fine over a harassment complaint. The Sindh High Court had already suspended the Ombudsman’s removal order.