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Sindh High Court (SHC) on Wednesday issued notices to Sindh government and other respondents on a petition challenging a law that empowered chief minister to appoint provincial ombudsman.

A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Yusuf Ali Saeed issued the notices in the constitutional petition filed by Pasban Democratic Party (PDP) Chairman Altaf Shakoor against Establishment of the Office of Ombudsman for the Province of Sindh (Amendment) Act 2020, and prayed the court to declare it as unconstitutional, illegal, void abs initio and of no legal effect.

Petitioner Altaf Shakoor, making province of Sindh through chief secretary, Sindh provincial assembly through its speaker, Sindh chief minister and governor respondents, had maintained that respondent chief minister and his government has targeted the provincial Ombudsman office as it is the hurdle in the way of corrupt practices and mal-administration of various departments under the government of Sindh.

He submitted that the respondent Chief Minister has targeted and jeopardized, and 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 abs initio. The Petitioner submitted that it is the golden principle of law that nobody can be judge of his own cause, and getting power to appoint ombudsman means that accused has become a judge against allegations leveled to him.

Copyright Business Recorder, 2020

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