Concept Development

The concept of ombudsman crept in the intellectual circles of Pakistan in late 60s. The first formal reference of need and the scope of the office of ombudsman in Pakistan was made in the report of a study group on “Toning up of Provincial Administration” published by the Government of West Pakistan in July 1969. In 1972, the President Representative for Administrative Inspection, requested Pakistan Administrative Staff College (PASC) to initiate a study on Ombudsman. Therefore, a small team was gathered to conduct the study. Mr. Hassan Habib, Principal, PASC expressed optimism in the preface of the study and said that “the institution of Ombudsman in Pakistan if suitably and wisely adapted to our needs and conditions, can be a great blessing”.

2. The study conceived that the system of Ombudsman would be of great help to the people, who feel that he have been subjected to either misuse or abuse of power by administrative authorities. Comparing the other available venues of grievance redressal like of Court of law, the National Assembly and Public Media, it was noted that the ombudsman system will allow to examine the matter in a simple and inexpensive manner. The system was also considered to be advantageous to the civil service, as the ombudsman may lessen the burden of work for the members of the legislature who usually get complaints concerning the activities of the administrative authority. It was underscored that the office of ombudsman will contribute to a higher degree of vigilance in public administration and over a period of time its effect may strengthen confidence in the public service, and create a feeling of security in the individual in his relations with the public service. It was reported that the concept of ombudsman has been viewed favouably by persons and organizations from most parts of the Pakistan political spectrum, with a few exceptions. The discussion held at a Seminar on Administrative Law revealed that all groups of public servants, academicians, lawyers, judges and professors, barring a few vested groups within the civil service, were highly appreciative of the institutions of administrative law such as the ombudsman and the Administrative Courts.

3. During the same period, in another study, apprehensions were expressed, that if the office of ombudsman was established in a setting where the structure of services was unequal and unprofessional, it would not have a promising start. The higher civil service is occupying a position of dominance, which enables it to resist and prevent any institution outside itself that may limit its own powers and reduce its protected prestige. It was, therefore, concluded that “basic administrative and structural civil service reforms were pre-requisite to the establishment of the institution of Ombudsman”.

4. Early 70s was a period of great turbulence and turmoil in Pakistan . East Pakistan was dismembered and the policies pursued during 60s by the military regime, unleashed several uncontrollable forces having serious implications for the social and political fabric of the society. High economic inequalities, regional disparities, illiteracy and ignorance, lack of health facilities, rampant corruption and large and growing population painted a very grim and ugly picture. The proud and haughty bureaucracy was insensitive to the development needs of the society. After a long military rule, political activities were restored and general elections were held in Pakistan in 1970. Pakistan Peoples Party, one of the major political parties, included ombudsman, along with proposals of administrative reforms, in their manifesto. After assuming power in 1971, the People's Party government made a provision for Federal and Provincial ombudsmen in the Interim Constitution of Pakistan 1972 (Article 276). Subsequently, the Federal Ombudsman was included at item number 13 of the Federal Legislative List, Schedule IV of the 1973 Constitution. To implement their manifesto, the political government also initiated major civil service reforms in Pakistan . The civil service reforms of 1973, either eliminated or diluted most of the powers, which were earlier enjoyed by the senior bureaucrats.

5. Despite making a provision in the constitution, the idea of setting up an ombudsman in the country could not materialize. The People's Party government established, through an executive order, ‘the Prime Minister's Representative for Administrative Inspection' with functions almost identical to those of conventional ombudsman . It continued to function upto 1977. A similar institution ‘Punjab Administrative Vigilance Commission' was established in the Province of Punjab . However, these institutions remained vulnerable and disappeared with the change in government.

6. It was on 24 th of January 1983, that the President of Pakistan, a military general, promulgated the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, which paved the way for creation of ombudsman institution in Pakistan . Sardar Muhammad Iqbal, a professor of law and Retired Chief Justice of Lahore High Court took oath as first Ombudsman on August 8, 1983. Justice Iqbal described that the office of ombudsman “may rightly be called Pakistan 's first charter of administrative accountability, translating the Islamic concept of Hisba (accountability) into practical terms” . There was neither any movement nor the President was under any compulsion to establish the institution of Mohtasib. May be it was one of the steps taken by the regime to introduce Islamic institutions in the country. In the absence of parliament in the country, no political perspective on the institution is available. At that time, in Asia no other country of Pakistan size and population has the institution of Ombudsman.

CONCEPTUAL FRAMEWORK

7. The inspiration for establishing Wafaqi Mohtasib in Pakistan was mainly drawn from the Islamic traditions and institutions set up by the Khulafa-Rashideen such as the Department of Nazarul Mazalim (Review of Wrongs). Accountability is considered a cardinal principle of Islam. Everybody is responsible for his deeds before God, irrespective of his status, high or low. Wafaqi Mohtasib in Pakistan represents a synthesis of the early Islamic concept and the contemporary Scandinavian system of the Ombudsman. The guiding principles of the institution were provided by the Caliph Hazarat Ali (AS), the forth Caliph of Islam, in his letter to Malik Ashtar, the Governor of Egypt .The primary objective and indeed the raison d'etre for establishing the office of the Wafaqi Monhtasib (Ombudsman) was to institutionalize a system for enforcing and fortifying bureaucratic accountability.

Legal Basis of Mohtasib and its Focus

8. The office of the Wafaqi Mohtasib has been established by law. Apparently, the Mohtasib draws his authority from the Head of the State, however, he is not an extension of the executive arm of the Government. It has been provided by law to perform his functions and exercise his powers independent of the Executive. The predominant objective of Wafaqi Mohtasib is “to diagnose, investigate, redress and rectify any injustice done to a person through mal-administration” Unlike Australia and United Kingdom , the term ‘mal-administration' has been defined in the law and encompasses every conceivable form of administrative practice. It includes

A decision, process, recommendation, act of omission or commission which is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bona fide for valid reasons: or

is perverse, arbitrary or unreasonable , unjust, biased oppressive, or discriminatory : or

is based on irrelevant grounds; or

involves the exercise or powers, or the failure or refusal to do so, for corrupt or improper motives, such as, bribery, jobbery, favouritism, nepotism and administrative excesses and

Neglect, inattention, delay, incompetence, inefficiency ineptitude, in the administration or discharge of duties and responsibilities.

9. The institution of Wafaqi Mohtasib is distinct in its jurisdiction and the mode of operations from other grievance redressal mechanisms existing in the country. It is neither parallel to executive nor has it been assigned functions identical to other agencies. The Mohtasib's office has been brought into being to fill up gaps in the system for protection of individual citizens from injustice emanating from governmental mal-administration. Mohtasib's role is not inquisitorial. Rather, it serves as a speedy, an informal forum towards which those who have suffered through mal-administration can look for justice.

Independence of Mohtasib

10. To ensure independence, Wafaqi Mohtasib is appointed for a fixed term of four years by the President of Pakistan and he is not eligible for reappointment. He cannot be removed from his office except on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity. Even this fact, on his request, can be determined by the Supreme Judicial Council . The terms and conditions of service cannot be varied to his disadvantage. Another important aspect of Wafaqi Mohtasib's office is that it is non-partisan and non-political. There is an embargo on participation in political activity and it extends beyond the currency of his tenure. Mohtasib is not allowed to hold any office of profit in the service of Pakistan . Apparently, there is no provision which restricts the appointment of a woman as Mohtasib, however, no woman has been appointed since inception of the office in 1983. Similarly the law does not list any specific qualification of the Mohtasib, but most of the Mohtasib belonged to Judiciary (retired or sitting judge of Supreme Court). It is the first time in the history of the office that a retired Federal Secretary has been appointed as Mohtasib.

Jurisdiction of the Mohtasib

11. The services offered by Mohtasib are free of cost and without formalities. The Mohtasib may act on a complaint by the aggrieved person or on his own motion. A reference may also be made to the Mohtasib by the President, the National Assembly, or on a motion of the Supreme Court or a High Court made during the course of proceeding before it. A complaint to the Mohtasib may be made by the aggrieved person or in the case of his death, by the legal representative in person or sent by any other means of communication to the office. The complaint shall be made within three months from the day on which the person aggrieved first had the notice, however, the Mohtasib may use his discretion in case of special circumstances. The office does not entertain anonymous or pseudonymous complaints.

12. The Mohtasib jurisdiction extends to all Federal Agencies i.e. Ministries, Divisions, Departments, Commissions or offices of the Federal Government or Statutory Bodies, Corporations or other institutions or any of its officer or employees and he may undertake investigation into any allegation of mal-administration on their part. In 1983, the number of Agencies falling within the functional ambit of Mohtasib were 455, spreading all over the country and employing about a million functionaries . This number has fairly decreased due to privatization, disinvestment and other factors. There are also some restrictions imposed on the Mohtasib's jurisdiction. The Mohtasib cannot investigate or inquire into any matters which: -

Are subjudice before a court of competent jurisdiction or tribunal or board.

Relate to the external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or government.

Relates to, or connected with the defence of Pakistan or any part thereof, the military, naval and air forces of Pakistan or the matters covered by the laws relating to those forces.

Service matters.

Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court.

Under Article 31(3), the President may exclude specified matters, public functionaries or Agency from the operation and purview of the Mohtasib.

Process of Investigation

13. Once a complaint is received in the office, jurisdiction criteria are applied to that. For this purpose the office has developed a code chart for sifting the complaints. All complaints, admitted or rejected, are acknowledged invariably. The complaints, which fall within jurisdiction are admitted and referred to the relevant staff for investigation. The concerned agency is approached to get their response on the complaint. The views of the agency are made available to the complainant for rebuttal. Files of the agencies are perused and the concerned officials, wherever necessary, are examined. After careful review of all the details related to the case, the recommendations are finalized and presented to the Mohtasib for approval. After Mohtasib's approval the recommendations are communicated to the complainant and the agency. After having considered a matter if an element of mal-administration is found, the Mohtasib communicates the findings to the agency concerned asking it :-

to consider the matter further;

to modify or cancel the decision or action or make up omission;

to explain it more fully;

to take disciplinary action against any public servant;

to dispose of the case within a specified time; and

to improve the working of the agency or to take any other steps specified by the Mohtasib.

14. The government agency is responsible to inform the Mohtasib, within specified time, about the action taken on his recommendations or reasons for not complying with the same. The complainant, if disagreed with the recommendations, may submit a review petition to the Mohtasib or prefer to make a representation to the President. Similarly, the government agency may also approach the President to set aside the recommendations of the Mohtasib. The Mohtasib may also lay a special report to the President, in case he considers that injustice caused to the aggrieved person in consequence of mal-administration has not been or will not be remedied. If the agency concerned does not comply with the recommendations made by the Mohtasib or does not give satisfactory reasons for non-compliance, it shall be treated “Defiance of Recommendations”. In such a situation, the Mohtasib may refer to the matter to the President, who may in his discretion direct the agency to implement the recommendation and inform the Mohtasib accordingly. Under Article 28, the Mohtasib submits an annual report to the President within three months of conclusion of calendar year to which the report pertains.

15. The Mohtasib has been equipped with all the necessary powers to carry out his mandate. He has the power to conduct inspections by constituting an inspection team and enter and search any premises. The Mohtasib has the power like Supreme Court, to punish any person for contempt who abuses, interferes with, impedes or obstruct the process of the Mohtasib or disobeys his orders or scandalize the Mohtasib etc. The Mohtasib may also award costs and compensation and refunds of amounts to the aggrieved person and the same shall be recoverable as arrears of land revenue. The Mohtasib enjoys the same powers as are vested in a Civil Court under the Code of Procedures, 1908 in respect of the following matter: -

Summoning and enforcing the attendance of any person and examining him under oath.

Compelling the production of documents.

Receiving evidence on affidavits, and

Issuing commission for the examination of witnesses.

16. The primary objective of Wafaqi Mohtasib institution is undoubtedly to secure redress of the people's grievances. However, it is equally important to keep in view the constraints and perspective of Government Agencies. Therefore while dealing with complaints, great care is taken not only to secure redressal of grievances of the citizen but equally so to safeguard the name and image of the Agency complained against. For successful and smooth functioning of Mohtasib institution, it is considered necessary that the administrators do not regard it as an alien or hostile element. Its actions should not be resented or taken as interference. Though the Mohtasib institution has been set up for enforcing accountability, the endeavour from the very beginning has been to adopt a conciliatory and understanding posture. Every care had been taken to run parallel with the administration and not at cross purposes. The policy in this regards has always been to achieve the desired objective through persuasion rather than coercion.

17. The Mohtasib and a member of the staff have authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and with the necessity of recording any complaint or issuing any official notice. The courts or any other authority have been debarred to grant stay against any proceedings initiated by the Mohtasib or question the validity of the actions taken by the Mohtasib. The Mohtasib and his staff have been provided immunity against any legal proceeding for anything which is done in good faith under the law.

18. The Mohtasib is the Chief Executive of his office and enjoys full administrative and financial autonomy .The Mohtasib is also Principle Accounting Officer of the office in respect of the expenditures incurred against budget grants, charged on Federal Consolidated Fund. He may hire staff and appoint advisors, consultants, fellows, bailiffs, interns, commissioners and experts to assist him in the discharge of his duties on such terms and conditions he deems fit.

Evaluation of Wafaqi Mohtasib

19. It is beyond any doubt that, since its inception, the institution of Wafaqi Mohtasib has played a very significant role for providing rapid and free justice to the people. In an environment, where state institutions are weak and bureaucracy enjoys very strong position, the Mohtasib has established itself as an impartial and effective institution. It has peeped behind the veils of bureaucratic secrecy, identified the instances of mal-administration and provided remedies to the large majority of aggrieved persons. Efforts have been made to neutralize the disequilibrium between the government institutions and the general populace. The Mohtasib institution has also helped to bridge the gap between the government and the public and humanize the administration. It has contributed to the evolution of Administrative Law through interpretation of laws, rules and regulations in the context of recording findings and recommendations in complaints of individuals against mal-administration. The outreach of the Mohtasib has increased by opening regional offices at the major cities in the country. The Mohtasib has also been successful in convincing the government to establish Mohtasib offices at the Provincial level. At present, three Provincial Governments have Mohtasib offices and the forth is considering to establish it. In year 2000, the government has established the office of Tax Ombudsman. Earlier its functions were being performed by the Wafaqi Mohtasib.

20. Having a look at the number of cases dealt during the past two decades, it appears that the Mohtasib performed a tremendous job. The following table shows the workload of Mohtasib since inception: -

Table 1. Year wise Data on Complaints Received, Rejected, Admitted and Disposed.

Source: Wafaqi Mohtasib Annual Reports 1984-2003

21. The table shows that since its establishment Wafaqi Mohtasib, received a total of 793,165 complaints, out of which 55% (434,010) were rejected on various grounds like out of jurisdiction, anonymous/pseudonymous, subjudice, service matters, no mal-administration and not confirmed. Of the total, 45% complaints (356,795) were admitted for investigation and out of which 95% complainants (339,367) have been provided relief by the Mohtasib. With the meager, human and financial resources as well as minimal use of latest technology, the office of Mohtasib has performed very well. At the same time, the cost to the public exchequer for each decided case since the inception of the office, Rs. 881 or $ 14 at the current conversion rate, has been nominal. The nature of mal-administration detected by the Mohtasib has been grouped under the following categories: -

Source: Wafaqi Mohtasib Annual Report from 1983 to 2003

22. The process of redressal of grievances has helped to establish administrative accountability but the objective is accomplished with attention focused on the complaints of individuals. The role of ombudsman remains exceedingly important for sound public administration even when he is not dealing with earth-shaking events. The Ombudsman is like a judge who may not be dealing all the time with capital offences or colossal sums of money but does not lose his relevance or significance for ensuring prevalence of justice in the society.

23. During the initial years the Mohtasib use to meet the complainants daily and listen to their grievances. This practice has been discarded lately. While recollecting the experience of such hearing, the Mohtasib has recorded as follows: -

“This face to face meeting is a great palliative; nerves are soothed, satisfaction is gained from a personal meeting with the Ombudsman, and an opportunity availed of to criticize and condemn an errant administrator in words which cannot be used in a written complaint. I must admit that this session with suffering humanity does not good also. It is a daily reminder of my basic responsibility; that within the bounds and limits of the law on the subject I am there to relieve distress and to redress grievances to the best of my ability and with the utmost exercise of patience and human sympathy”.

24. The institution of Mohtasib has been able to render a much greater service to the general public and has cast a much deeper impact than indicated by the figures alone. It tallies with the other ombudsman of the world who had a similar experience. It would be appropriate in this context to quote the words of Sir Cecil Clothier, the British Parliamentary Commissioner for Administration.

“…it is generally accepted that the benefit of the Ombudsman's operations is vastly greater than the sum of the individual complaints which we solve. There are three areas in which one can at once say that even through the actual sum recovered for particular citizens may be of modest dimensions, though perhaps quite important to that citizen, a more general benefit ensures to the public from having held an investigation..

The first is that though you solve only one case on paper, that frequently applies to numerous other people in like circumstances and the departments are quiet and ready to appreciate that and to reopen cases where people would have the same complaint if they only knew about it, so we are correcting far more than one case.

Secondly, we are able to point to improvements in procedures that could be achieved if they were to do things differently from the way they do them. This means that though the complaint that is submitted may not result in some very large sum of money being paid by Government back to the citizen, or some other great remedy being administered, nevertheless, an improvement in the overall standard or administration in this particular area taken place because we are able to spot, from our vantage point whey things go wrong in a way which people working in the department cannot see. We can say, “ Look, if you did it this way rather than that way, if you rewrote your pamphlet so that it does not mislead people”, and things of the sort and so you can raise the general standard.

The third thing is that the deterrent effect of the operation should not be underestimated. We know from feedback we get from departments that this is a very real element of the work. It is no longer possible for the sloppy administrator to neglect you or to put your file to the bottom of the heap and forget about it for weeks on end because he may have to face the consequences later if that citizen complains. You cannot write the dismissible letter any more because if you do that, you do it at your peril. We know the deterrent effect of a possible opening up of this whole areas to public gaze and public criticism has a real effect on administration. The figures may seem modest but…the benefits are very much greater.”

25. If an institution like that of the Ombudsman is effectively functioning in a society, administrative lapses can be rectified. “without exaggerating their significance just as judge errors are daily detected and corrected by appellate courts without shaking confidence in the entire judicial system.” Apart from dealing with the individual complaints, the Mohtasib has also focused on rectifying the systemic problems. Article 9(3) of the Mohtasib law provides for arranging studies and research for ascertaining the root causes of corrupt practices and injustices. During the past 20 years, the Mohtasib has issued several study reports to eliminate systemic problems and improve administration. Some of the important reports include, Housing Problems in Islamabad , Functioning of the House Building Finance Corporation and Government Functioning- Control Mechanism and interaction with the Public.

26. The Mohtasib has earned confidence of the people as well as agencies by maintaining impartiality. Correspondence from the Mohtasib office has been assigned top-priority and efforts are made to give prompt replies to the queries. Most of the reports asked for are submitted within the prescribed time limits. All Agencies have nominated Liaison Officers who coordinate the work emanating from cases referred to them by the Mohtasib and ensure their timely disposal. Apart from cooperation form government agencies, generally the media has also played a positive and supportive role.It is held that for successful performance of his duties the Ombudsman needs the constant, positive and constructive support of the media. It has been noted that Mohtasib office has received whole hearted support and cooperation from the Press at all levels. This reflects a measure of the trust and confidence on the working of the Mohtasib's office in the country.

Challenges Faced to Mohtasib

29. During its initial years of establishment, the Mohtasib office remitted a lot of energy and vigourously pursued its mandate. However, this momentum could not be maintained in the subsequent years. The performance of the office suffered with serious setback in the absence of full time Mohtasib. It also created a kind of uncertainty among the staff. Though the Mohtasib is totally independent from executive, however, in certain functional matters i.e. staff and financial expenditures, it has to go through the routine government channels. A recent amendment in the law has provided the Mohtasib necessary financial and administrative powers to carry out its mandate. The record shows that out of 78 positions of officers, 47 are lying vacant. The Mohtasib office has not been able to finalize its staff rules even after the lapse of two decades. This has a demoralizing effect on the staff. One may find from a close review that the Mohtasib office has not evolved to its full potential. A number of recommendations related to improvement in the functioning of Mohtasib office have remained unheeded in the power corridor. For effective functioning of the Mohtasib office, the following recommendations merit immediate consideration: -

A major disconnect in the functioning of the Mohtasib office is lack of support from the parliament. In order to improve the stature of Mohtasib, it is important that a Parliamentary Committee on Public Administration may be established.

Keeping in view the large volume of complaints dealt by the Mohtasib, there is a need to reorganize the Mohtasib office. It is beyond the human capacity of one ombudsman to personally go through such a large number and variety of complaints. There is a need to create either more posts of ombudsman or the posts of deputy ombudsman may be introduced.

It may be observed from the Mohtasib record that appointment of a sitting Judge of Supreme Court as Acting Mohtasib has effected the performance of the office. Due to dual responsibilities, the Acting Mohtasib could not devote enough time to deal with the growing complaints, therefore, the backlog increased. It is also effected the overall growth and development of the Mohtasib organization. In future the government must appoint full time Mohtasib, as early as possible, as the post get vacant.

So far the main focus of the Mohtasib remains redressal of individual complaints. Only a few efforts have been made to study and analyze the systemic problems. There is a need to shift from individual complaints to the resolution of systemic reforms. The Mohtasib should provide leadership role and help the government agencies to institute internal review mechanism and made them more open and transparent.

Though the Mohtasib has opened regional offices at various places, however, its outreach and awareness about its functions and role remains very limited. Neither the Mohtasib has its own website nor does the public have access to its good work through other means. There is a need to publish small pamphlets in all regional languages for providing information about the ombudsman office.

Alongwith expanding its outreach, it is urgently needed to introduce new technology in the office. Though all the complaints are registered on computer and a computer number is assigned to them, however, the technology is not being used as a management tool. It is required that the Mohtasib must introduce a modern case management system in the office. This will increase the management as well as analytical ability of the office manifold.

With the passage of time, decision making in the government has become very complex. In order to review the decision made by the government agencies, it is important that the human resources available to the Mohtasib office are continuously developed. The staff must have not only an update knowledge of the government rules and regulations but also a positive attitude to help the people. They must also be equipped with the negotiation and conflict resolution skills to deal with cases.

Annual Report issued by the Mohtasib is the main vehicle through which, it communicates with the government and the public. The Mohtasib must also bring into use all other mediums to interact with the public and the government, which include, inter alia, publication of special reports, delivering lecture at public forums, interview with the media etc.

Any institution which falls victim to inertia is doomed to be swept away. Stagnation is a sure recipe for consignment to oblivion. In the process an institution does not only vanish from the scene but a traumatic blow is delivered to the credibility of the institutions. As a consequence a sense of hopelessness comes to dominate the thoughts of the citizens. During the past 20 years, no survey has been conducted to assess the efficacy and effectiveness of the Mohtasib office. It is important that such surveys are conducted regularly and the office is repositioned in the light of citizen's feedback.

The theory of management tells that no organization has a lisence for permanent success. The ombudsman office is considered a highly personalized institution, as its effectiveness is mostly determined by the person, who occupies it. It is important that for keeping high standards of work and motivation, the organization continuously reviews its functions and repositions itself vis-à-vis the changing environment. In order to set standards of performance, the Mohtasib must have a corporate plan, which incorporates long term vision, mission, objectives, goals, targets of the office. It must also involve all the stakeholders for mobilizing their help in order to achieve its objectives.

At present, neither the Wafaqi Mohtasib (Federal Ombudsman) nor the Provincial Ombudsmen have the jurisdiction to entertain complaints about the mal-administration of local government. The Local Government Ordinance 2001 provides for establishment of Zila Mohtasib (District Ombudsman) at the district level. No efforts have been made during the past over three years to establish the office of Zila Mohtasib. Establishment of Zila Mohtasib would be a quantum leap by the side of the government to fulfill its promise for providing justice to the common man at his door step. It is right time for the government to move and set up the office of Zila Mohtasib without any further delay.

Apart from establishing Mohtasib offices in the public sector, the government should encourage and promote this institution in the private sector. It will help to empower the people and go a long way to alleviate the sufferings of people in the long run.

Report of the Study Group on Toning up of Provincial Administration, July 1969 – Government of the West Pakistan, Lahore. (Chairman: Mr. Hassan Habib)

Haider S.M, Ahmed Ali, Hussain Agha Iftikhar, Mlik Inayat, “An Ombudsman for Pakistan” Pakistan Administrative Staff College, Lahore, Pakistan, July 19972.

Ibid. Seminar on Administrative Law held at the F.C.S. Academy, Pakistan Academy for Rural Development Campus, January, 1971. Ibid.

Ombudsman and the Adoption of this Institution in Pakistan”, Pakistan Administrative Staff College, Lahore. May 1972. Page.8.

Constitution of Islamic Republic of Pakistan, 1973.

Wafaqi Mohtasib Annual Report 1988.

Wafqi Mohtasib Annual report 1986. p.254.

The title of Mohtasib relates to Hisba. However, the duties performed by Mohtasib were different from ombudsman. His main responsibility was to see that the life of the people was not contaminated with un-Islamic beliefs and practices. He was essentially a censor of morals and his jurisdiction encompassed a number of religious and ethical functions.

Wafaqi Mohtasib, Annual Report 1983.

Annual Report 1983.

Mohtasib (Ombudsman)'s Annual Report, 1999, Wafaqi Mohtasib (Ombudsman)'s Secretariat, Zero Point, Islamabad. Ch.1, P-3. (The relevant excerpt of the letter has been produced in introduction)

In Islam, everybody, howsoever high or low, is accountable to Almighty Allah not only for his/her deeds or omissions but also for the motives and intentions. Everybody is bound to render an account of each and every moment of his lives on the Day of Judgment. It is, therefore, appropriate that an effective system is adopted for ensuring administrative accountability.

Establishment of the Office Wafaqi Mohtasib (Ombudsman) Order 1983, Ministry of Law and Parliamentary Affairs (Law Division), Government of Pakistan.

Ibid Article 2.

Supreme Judicial Council is constitutional body established under Article of the 1973 Constitution. It comprises the Chief Justice of Pakistan, two next most senior Judges of the Supreme Court and two most senior Chief Justices of High Courts.

Wafaqi Mohtasib Annual Report 1984. p.

Wafaqi Mohtasib Order 1983 Article 11.

Wafaqi Mohtasib Order Article 16.

Wafaqi Mohtasib Order Article 24-25 inserted vide Ordinance No LXXII of 2002.

Average Workload Per Annum

Sahibzada, Imtiaz Ahmed, Ombudsman and Improvement of Public Administration, Ombudsman and Promotion of Good Governance, Asian Ombudsman Association, The Collection Work of the Seventh Asia Ombudsman Association Conference.

Ibid. page

Ibid Annual Report 1984 page