Removal of Sukhera as FTO: IHC extends stay order against govt's notification

The Islamabad High Court (IHC) Tuesday extended stay order against the federal government's notification regarding removal of Muhstaq Ahmad Sukhera as Federal Tax Ombudsman (FTO).
A single bench of IHC comprising Chief Justice Athar Minallah heard Mushtaq Sukhera's petition challenging his removal from the post of FTO and extended stay orders till August 8.
In its order, the IHC bench noted that it is the case of the federal government that appointment of FTO under section 3 of the Establishment of the office of FTO Ordinance, 2000 exclusively vested with the President and it has been argued on behalf of the federal government that the appointment of the petitioner could not have been made on the advice of the cabinet or the prime minister.
The additional attorney general argued before the court that the appointment of the petitioner as FTO was made on the advice of the prime minister and therefore, it was void and the President withdrew the notification of appointment of the petitioner because it was void.
The bench asked from the additional attorney general whether the appointments made against the post of FTO on the advice of Prime Minister since promulgation of the Ordinance of 2000 were also void and if so then what the status of recommendations, orders passed or convictions and sentences handed down by the incumbents of the post of FTO since 2000 would be. The court also asked from him regarding the status of orders passed and other actions taken by the petitioner since his appointment in 2017 and it was also pointed out to the additional attorney general if the stance taken by the federal government in case of the petitioner was to be accepted then it would have far-reaching consequences for other appointments such as the persons appointed under the office of Wafaqi Mohtasib (Ombudsman) Order, 1983, the Insurance Ordinance 2000, the Banking Companies Ordinance 1962 and the Protection against Harassment of Women at the Workplace Act, 2010.
The court observed in its order, "The additional attorney general, despite his able assistance could also not persuade this court that in case of appointment of the Federal Tax Ombudsman, the President is empowered to act in his discretion in the context of Article 48(2) of the Constitution."
Then, the court extended its injunctive order and deferred the hearing till August 8 for further proceedings. Sukhera moved the court through his counsel Zainab Janjua Advocate and cited the President of Pakistan through secretary to the President, Prime Minister through principal secretary and secretary of law and justice as respondents.
In his petition, he assailed the notification dated June 12 whereby the President has withdrawn his notification of appointment against the post of FTO.
His counsel contended before the court that the appointment and removal of the FTO is governed under the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000 and the Federal Ombudsman Institutional Reforms Act, 2013.
She referred to section 6(2) of the Ordinance of 2000 and section 5 of the Act of 2013 in support of her contention that once the FTO has been appointed and later he/she has taken oath of office, his/her removal can only be made through the Supreme Judicial Council.
Therefore, the petitioner prayed to the court to set aside the said impugned notification for being illegal and without jurisdiction. He also requested the court to restrain the respondents from interfering in the due performance and functioning of the petitioner as FTO.
The federal government had earlier removed Mushtaq Ahmed Sukhera from the post of FTO withdrawing the official notification for his appointment. Former Inspector General (IG) of Police in Punjab, Mushtaq Sukhera was appointed the FTO in August 2017 by the Pakistan Muslim League-Nawaz (PML-N) government.The Pakistan Tehreek-e-Insaf (PTI) led federal government had prepared a reference against the former IGP Punjab for his alleged failure to avert the 2014 tragedy in Lahore's Model Town. The government had forwarded the reference to the Law Ministry.