Indefensible: Govt’s counsel seeks more time in Asad Ashraf’s case
Petitioner says ombudsman’s appointment was against the rules.
KARACHI:
Finding it hard to defend the appointment of Asad Ashraf Malik as the provincial ombudsman for a second term of four years, a counsel on the panel of Sindh’s advocate general had no choice but to ask the court for an adjournment.
When the case came up for hearing before a division bench of the Sindh High Court here on Thursday, advocate Sher Muhammad K Shaikh, representing the Sindh government, sought time to submit a written reply and comments in the petition.
The bench, comprising Justice Maqbool Baqar and Justice Muhammad Shafi Siddiqui, allowed the request and put off the proceedings indefinitely.
The appointment was challenged by an NGO – the United Human Rights Commission of Pakistan — on a number of grounds. It especially referred to Article 4 of the Sindh Ombudsman Act of 1992, which bars a second term.
The petitioner maintains that Asad Ashraf Malik had retired from government service. He cannot be appointed to public office two years after retiring.
The petitioner questions a change in the Sindh Ombudsman Act of 1992 which now empowers the governor to appoint a person as many times he (the governor) wants. This amendment is in violation of Articles 4, 4 (A), 8 and 25 of the Constitution, the petitioner NGO maintains.
Seeking an interim order to stop Asad Ashraf Malik from working, the petitioner maintains that as per Act of 1992, the ombudsman’s office is bound to decide the complaint of a citizen within five weeks but many complaints have been pending for years.
The petitioner, citing a judgment by the Supreme Court, appealed to the court to order the appointment of a retired judge instead of a bureaucrat to the post of provincial ombudsman so that the incumbent officer has command over the law and is able to decide the complaints in an efficient manner.
Published in The Express Tribune, April 13th, 2012.
Finding it hard to defend the appointment of Asad Ashraf Malik as the provincial ombudsman for a second term of four years, a counsel on the panel of Sindh’s advocate general had no choice but to ask the court for an adjournment.
When the case came up for hearing before a division bench of the Sindh High Court here on Thursday, advocate Sher Muhammad K Shaikh, representing the Sindh government, sought time to submit a written reply and comments in the petition.
The bench, comprising Justice Maqbool Baqar and Justice Muhammad Shafi Siddiqui, allowed the request and put off the proceedings indefinitely.
The appointment was challenged by an NGO – the United Human Rights Commission of Pakistan — on a number of grounds. It especially referred to Article 4 of the Sindh Ombudsman Act of 1992, which bars a second term.
The petitioner maintains that Asad Ashraf Malik had retired from government service. He cannot be appointed to public office two years after retiring.
The petitioner questions a change in the Sindh Ombudsman Act of 1992 which now empowers the governor to appoint a person as many times he (the governor) wants. This amendment is in violation of Articles 4, 4 (A), 8 and 25 of the Constitution, the petitioner NGO maintains.
Seeking an interim order to stop Asad Ashraf Malik from working, the petitioner maintains that as per Act of 1992, the ombudsman’s office is bound to decide the complaint of a citizen within five weeks but many complaints have been pending for years.
The petitioner, citing a judgment by the Supreme Court, appealed to the court to order the appointment of a retired judge instead of a bureaucrat to the post of provincial ombudsman so that the incumbent officer has command over the law and is able to decide the complaints in an efficient manner.
Published in The Express Tribune, April 13th, 2012.