Empty ombudsman chair angers justice-seekers

Problems abound for those complaining against governmental, private bodies.

FAISALABAD: The office of the Wafaqi Mohtasib has been redundant since October 28, 2010, as an ombudsman has not been appointed.  This has caused difficulty for those seeking justice against malpractices, abuses of power and arbitrary acts by federally administrated and autonomous bodies.

In the past, the Wafaqi Mohtasib has been extremely useful in helping aggrieved citizens settle matters, particularly in cases where there were inordinate delays in the courts. Those with complaints were able to approach the office and directly file complaints without counsel,  free of cost.

The ombudsman is appointed for a four-year fixed tenure and cannot be removed until a reference is moved against him under the procedure laid under article 209 of the constitution.

Although the law empowers the president to appoint an acting ombudsman when the office is vacant, the government has so far turned a blind eye towards filling the position. The tenure of outgoing Wafaqi Mohtasib Javed Sadiq Malik ended on October 27, 2010. No proceedings can be initiated without prior approval and concurrence of the Wafaqi Mohtasib.

The office of the Wafaqi Mohtasib was created under the Presidential Order Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983.

Since its creation nine mohtasibs have served, of which five were retired judges of the Supreme Court of Pakistan, three were from the civil service and one was a retired chief justice of the Lahore High Court. So far not a single judge or civil servant from Balochistan or Sindh has served as mohtasib.

Most of the complaints entertained by the federal ombudsman relate to Wapda, NADRA, the Sui Northern Gas Pipelines Ltd (SNGPL), Earthquake Reconstruction and Rehabilitation Authority, Allama Iqbal Open University, KESC, Sui Southern Gas Company, Pakistan Post and Water and Power Division.

Published in The Express Tribune, September 26^th,  2011.