Ombudsman Sindh (Amendment) Act 2020: SHC sets September 9 for final hearing

KARACHI: Sindh High Court (SHC) on Wednesday adjourned for September 9 for final hearing of a petition, challenging establishment of the Office of Ombudsman for the Province of Sindh (Amendment) Act 2020.

A division bench comprising Justice Aqeel Ahmed Abbasi and Justice Kausar Sultana Hussain was hearing the petition, filed by Pasban Democratic Party (PDP) Chairman, Altaf Shakoor.

Counsel for the petitioner Irfan Aziz submitted that all parties to the case have now submitted their respective replies and last reply was submitted in today’s hearing.

Petitioner Altaf Shakoor has made province of Sindh through chief secretary, Sindh provincial assembly through its speaker, Sindh chief minister and governor respondent.

He maintained that the respondent Chief Minister has taken over the powers of respondent Governor for the appointment of the Provincial Ombudsman under the umbrella of Provincial Assembly by malafidely misusing the majority of political seats and representation in the Assembly without any debate and giving chance to the opposition to raise objections.

He maintained that respondent Chief Minister has delegated the power to himself to appoint the Provincial Ombudsman to check corruption of in departments under his administration, which is against the principle of law, constitution, principle of natural justice, general clauses act, and thus is illegal, unconstitutional, void ab initio.

He said the theme and scheme of Institution of Ombudsman is to eradicate the corruption and mal-administration amongst the Provincial Government offices by impartial person appointed by the Respondent Governor to discharge the duty.

Petitioner prayed to declare the impugned Act, i.e. Establishment of the Office of Ombudsman for the Province of Sindh (Amendment) Act, 2020, as unconstitutional, illegal, void ab initio and of no legal effect; to direct the respondents to produce and present before this Court the attendance, proceedings and debate in passing of this Act in the Provincial Sindh Assembly and to suspend the operation of the impugned Act, 2020, pending the final decision of this Court.

Copyright Business Recorder, 2021