Ombudsman

In Pakistan, the need for an institution like the nature of the Ombudsman was felt for a long time. An institution like an ombudsman was needed to restructure the administrative machinery and make it more responsive to the common man.

Before the establishement of the Office of the Ombudsman, many efforts were made to reform the administrative system but those efforts failed to improve the administrative machinery.

There were several reasons for this failure. The most important one is the lack of political commitment. There was no political will to restructure the administrative system to make it more responsive. Another reason is that the administrative machinery itself created many hurdles.

The office of the ombudsman (Wafaqi Mohtasib) was established by General Zia Ul Haq during martial law through president order 1 of 1983.

What does the Ombudsman Do?

The office of Wafaqi Mohtasib (ombudsman) is concerned with the diagnosis, investigation, and rectification of any injustice done to a person by the maladministration of federal government agencies.

Maladministration has been defined in president order 1 of 1983.

Maladministration includes:

(i) a decision, process, recommendation, act of omission, or commission that is

(a) Contrary to law, rules, or regulations.

(b) Unacceptable, arbitrary, unjust, or biased.

(c) Involves the exercise of powers or refusal to service for corrupt or improper motives such as bribery, jobbery, and favoritism.

(ii) Neglecting, delaying, incompetence, and inefficiency.

Jurisdiction

The jurisdiction of the ombudsman is on federal organizations which fall under the agency.

"Agency" means a ministry, division, department, commission, or office of the federal government or other institutions established or controlled by the federal government but it does not include the supreme court, the supreme judicial council, the federal Shariat court, and the high court.

If an aggrieved person complains to the ombudsman regarding any injustice done to him by maladministration then that will be under his jurisdiction. Or a matter referred to him by the president, parliament, supreme court, or high court.

Ombudsman has no jurisdiction over the military, navy, and airforce.

Power

The ombudsman can summon a person and compel to produce documents. Ombudsman and his team can enter any premises that have a reason and can find evidence. He can inspect the articles and documents, make copies or seal them.

If after the investigation ombudsman reaches a conclusion then he will communicate it to the concerned agency. The concerned agency will take action accordingly or otherwise tell the reasons for not following.

If the ombudsman finds injustice caused by maladministration and thinks it will not be remedied by the agency then he can submit a special report to the president.

No courts or other authorities have the power to question the decisions of the ombudsman. No suit or legal proceedings would lie against the ombudsman, his staff, his delegate, or his advisor for anything done or intended to do in good faith.

Experience of the Ombudsman in Pakistan

The ombudsman was established by the executive, yet governments after its creation opposed his orders when they go against any government agency and steps are taken to delay his orders. When the ombudsman submits a report to the president, it is kept in cold storage and no action is taken for years. The president takes advice from the law ministry and the law ministry shows no hurry in this matter.

In this case, the supreme court took serious notice and issued a Suo moto to the federal government. The court decided on the 1st of July 1999 that the president should decide the matter within 90 days of the ombudsman's request. Another aspect noted was that the president did not decide the matter with his mind rather he take advice from the law ministry which was always in favor of the government and the president gave no reason for his actions. The supreme court made it mandatory for the president to assign valid reasons in writing and act fairly by using his mind.

Although there is a bar on courts and other authorities to question the validity of actions taken or orders issued by the ombudsman. However, the high court and supreme Court have reviewed the decisions of the Ombudsman. They have interpreted the bar as inapplicable and ineffective in the exercise of the constitutional writ.

In a case, the Lahore High Court reviewed the order of the ombudsman in a matter where the Lahore stock exchange was involved and held that the Lahore stock exchange does not fall under the definition of agency. In another case, it was held that the ombudsman can not terminate the public servant.

Provincial Ombudsman

It was observed that the provincial departments like police and revenue were the most interacted with the common man. The common man was the victim of their cruelty. In this regard, the need for a provincial ombudsman was felt. The office of the provincial ombudsman was established to deal with complaints against provincial administrative agencies.

Conclusion

In conclusion, the establishment of the office of the ombudsman was a good step but it has failed in its role. If competent people are appointed as ombudsman then the administrative machinery can be improved and made responsive.

Thank you for reading. If you have any questions or you find any mistake in the information mentioned above feel free to tell me. I really appreciate it.