05-09-2008, 01:45 AM
Ghulam Mustafa Memon from Hyderabad (Nation 25 March) recalls that the Ombudsman system was introduced for speedy and inexpensive justice to the common man. He says the institution is now âon declineâ, particularly in Sindh, which can be gauged that a serving police officer has been appointed as Sindh Ombudsman. He terms it a mockery of justice that a man from a department against whom the highest number of complaints are received has been appointed as ombudsman.
I quite agree with Ghulam Mustafa that the whole ombudsman system in Pakistan since more than 10 years like all other Government Department is on sever decline. Almost yearly I visited Sindh Ombudsman Secretariat. There used to be a big reception room with about 20-25 chairs. An Asstt Registrar smilingly welcomed the visitors, patiently listened complaints. Since 10 years that reception room has gone. Last I visited in a tent a clerk received me. He was in the shadow while I was under direct sun. A few years back I enquired from an officer that before I use to see so many visitors while today there are hardly any. His reply was âJaved Sahib, when people know today from this door nothing will be put in their laps then why would they come spending faresâ. In 1995 the Sindh Ombudsman on a question personally told me he does not call a complainant from Islamabad for a Hearing knowing well the fare from Islamabad to Karachi let alone any complainant from abroad. Three years back I raised an issue of community interest concerning Karachi Coaches route numbers. The Sindh RTA agreed to my proposal/comments and confirmed to the Ombudsman that it will take action accordingly. As such as a matter of fact there was no further action needed except for issuance of Final Order and see the implementation. The âcompetentâ dealing officer, of course appointed on todayâs scale of merit, summoned me from abroad after one year for a Hearing. What was the need of a Hearing? The complaint was not for my individual relief so I wisely opted not to waste Rs. 50,000 just on fare for a community issue. The justice from this inexpensive system today is no more inexpensive.
However I do not agree with brother Ghulam that a Cope ex or in uniform can not deliver justice. There was an ex Dy. Director Anti-Corruption, a police uniformed officer, working as Consultant in Sindh Ombudsman early 90s. I will never forget his public spirit in dispensation of justice. He truly âknewâ he was sitting on the chair dealing with common man. I had filed a complained from abroad against Home Department. He wanted to know facts of the case personally. Instead of summoning me from abroad for a Hearing knowing how expensive and another injustice on an already aggrieved, knowing there were hundreds of others in Pakistan victims on the same issue of Lucky Installment Draw Motor-cycles, he searched such a victim, requested him to attend and got full facts from him. This came to my knowledge later when this summoned person in return contacted me. Today this spirit I hardly find in whole ombudsman system.
It is not any profession, law or rule which dispenses the justice. It is the man sitting on the chair who dispenses it. If a man is honestly ALLAH fearing he would interpret the same rule in the interest of community as a whole. However if ALLAH has not given any humanity in heart of the man sitting on the chair he would interpret the same rule otherwise. Once Federal Ombudsman closed the case on the ground that complainant did not give response. The complainant addressed the Ombudsman that in case his reply had not reached him his office was under his own office procedure supposed to give the complaint another two reminders one under registered cover. However the complainant produced a copy from Pakistan Post Office a delivery receipt registered letter having properly in time been delivered in ombudsman office and requested an enquiry. Instead of investigating this grey area from his own office or enquiring from post office if copy produced by complainant was genuine or otherwise, the Ombudsman Mr. Usman Ali Shah a senior Judge flew into rage and in his written order stated âthe complainant was blackmailing his officeâ. By profession he was a judge.
The first Ombudsman Pakistan Mr. Justice Sardar Mohammad Iqbal was fortunately a public spirited person âperson, it does not matter he was a Judge by profession). The law allowed Government Department revision petition chance. Sardar Iqbal was a public spirited man. He termed it an injustice that a complainant does not have the right of revision appeal while a government department has. Now law came in his way and till today revision appeals from citizens are accepted which is not due to any law but due to public spirit of a man. Likewise PIA defended that Ombudsman has no jurisdiction over PIA. The public spirited Sardar Iqbal did not agree to it and kept on receiving complaints against PIA and delivered justice to thousands including myself. While the chair remained the same but the man changed. The men sitting now on same chair do not accept complaints against PIA that Ombudsman has no jurisdiction.
The public of public spirit or that of hard master like feeling for the common man are not restricted or related to any particular professions, judges, police officer, politicians etc. The so called âpoisedâ Mr. Rafiq Tarar who not only offer five times prayer but even âTuhajidâ, had been a judge, as President of Pakistan snatched the right from the passengers filing any complaint against PIA. He not only snatched this right thus in fact protecting the corruption in PIA but he had no feeling that as a Judge (President) he was âpleasedâ in snatching this right of complaints from the public. Can a public spirited person particularly a higher court judge be âpleasedâ in snatching right for seeking justice? Certainly not. Only a stone heart person can be âpleasedâ over it.
The concept of ombudsman was created by Zulfiqar Bhutto but for reasons best known he himself did not let the idea see light of the day. Zial-ul-Haq took the courage. The bureaucracy resisted tooth and nail. When government desires provincial ombudsmen, the roughest ever stand was taken by a Balochistan based Secretary (Mr. Poonigar perhaps). He is record saying Punjab will not establish this system but the Federal Government may ask Federal Ombudsman to entertain complaints against Punjab government. The bureaucracy later tackled this matter tactfully by inducting such people in these institution in whose directory the world public spirit never existed. The appointments in these institutions today are made only to provide jobs for some and not with intent to provide justice. The example is the best right man Mr. Justice Zahid Aslam Nassar the most suitable in this regard has never been appointed as Ombudsman.
With change of "man" the working of a Department also gets changed. It is my firm belief today that the whole ombudsman system needs to be undone and thus huge money saved be trasnferred to human rights petitions section of the Supreme Court of Pakistan for handling issues of collective interest and not of individual relief. I have formally last year submitted this proposal to HE the Preisent of Pakistan and think I did my civic moral duty. What worth is today's whole system can be judged from one simple example. I filed a complaint with Sindh Ombudsman on the subject of non response by a Government Department in Hyderabad. Now for the last about one years I have more than two dozen times approached the Sindh Ombudsman Office Karachi to know the progress but as now usual not to get any response. So the question and million worth question is when a Ombudsman does not give response then how he or his office can have the spirit to take "note" of non response by a deparment complained for.
I quite agree with Ghulam Mustafa that the whole ombudsman system in Pakistan since more than 10 years like all other Government Department is on sever decline. Almost yearly I visited Sindh Ombudsman Secretariat. There used to be a big reception room with about 20-25 chairs. An Asstt Registrar smilingly welcomed the visitors, patiently listened complaints. Since 10 years that reception room has gone. Last I visited in a tent a clerk received me. He was in the shadow while I was under direct sun. A few years back I enquired from an officer that before I use to see so many visitors while today there are hardly any. His reply was âJaved Sahib, when people know today from this door nothing will be put in their laps then why would they come spending faresâ. In 1995 the Sindh Ombudsman on a question personally told me he does not call a complainant from Islamabad for a Hearing knowing well the fare from Islamabad to Karachi let alone any complainant from abroad. Three years back I raised an issue of community interest concerning Karachi Coaches route numbers. The Sindh RTA agreed to my proposal/comments and confirmed to the Ombudsman that it will take action accordingly. As such as a matter of fact there was no further action needed except for issuance of Final Order and see the implementation. The âcompetentâ dealing officer, of course appointed on todayâs scale of merit, summoned me from abroad after one year for a Hearing. What was the need of a Hearing? The complaint was not for my individual relief so I wisely opted not to waste Rs. 50,000 just on fare for a community issue. The justice from this inexpensive system today is no more inexpensive.
However I do not agree with brother Ghulam that a Cope ex or in uniform can not deliver justice. There was an ex Dy. Director Anti-Corruption, a police uniformed officer, working as Consultant in Sindh Ombudsman early 90s. I will never forget his public spirit in dispensation of justice. He truly âknewâ he was sitting on the chair dealing with common man. I had filed a complained from abroad against Home Department. He wanted to know facts of the case personally. Instead of summoning me from abroad for a Hearing knowing how expensive and another injustice on an already aggrieved, knowing there were hundreds of others in Pakistan victims on the same issue of Lucky Installment Draw Motor-cycles, he searched such a victim, requested him to attend and got full facts from him. This came to my knowledge later when this summoned person in return contacted me. Today this spirit I hardly find in whole ombudsman system.
It is not any profession, law or rule which dispenses the justice. It is the man sitting on the chair who dispenses it. If a man is honestly ALLAH fearing he would interpret the same rule in the interest of community as a whole. However if ALLAH has not given any humanity in heart of the man sitting on the chair he would interpret the same rule otherwise. Once Federal Ombudsman closed the case on the ground that complainant did not give response. The complainant addressed the Ombudsman that in case his reply had not reached him his office was under his own office procedure supposed to give the complaint another two reminders one under registered cover. However the complainant produced a copy from Pakistan Post Office a delivery receipt registered letter having properly in time been delivered in ombudsman office and requested an enquiry. Instead of investigating this grey area from his own office or enquiring from post office if copy produced by complainant was genuine or otherwise, the Ombudsman Mr. Usman Ali Shah a senior Judge flew into rage and in his written order stated âthe complainant was blackmailing his officeâ. By profession he was a judge.
The first Ombudsman Pakistan Mr. Justice Sardar Mohammad Iqbal was fortunately a public spirited person âperson, it does not matter he was a Judge by profession). The law allowed Government Department revision petition chance. Sardar Iqbal was a public spirited man. He termed it an injustice that a complainant does not have the right of revision appeal while a government department has. Now law came in his way and till today revision appeals from citizens are accepted which is not due to any law but due to public spirit of a man. Likewise PIA defended that Ombudsman has no jurisdiction over PIA. The public spirited Sardar Iqbal did not agree to it and kept on receiving complaints against PIA and delivered justice to thousands including myself. While the chair remained the same but the man changed. The men sitting now on same chair do not accept complaints against PIA that Ombudsman has no jurisdiction.
The public of public spirit or that of hard master like feeling for the common man are not restricted or related to any particular professions, judges, police officer, politicians etc. The so called âpoisedâ Mr. Rafiq Tarar who not only offer five times prayer but even âTuhajidâ, had been a judge, as President of Pakistan snatched the right from the passengers filing any complaint against PIA. He not only snatched this right thus in fact protecting the corruption in PIA but he had no feeling that as a Judge (President) he was âpleasedâ in snatching this right of complaints from the public. Can a public spirited person particularly a higher court judge be âpleasedâ in snatching right for seeking justice? Certainly not. Only a stone heart person can be âpleasedâ over it.
The concept of ombudsman was created by Zulfiqar Bhutto but for reasons best known he himself did not let the idea see light of the day. Zial-ul-Haq took the courage. The bureaucracy resisted tooth and nail. When government desires provincial ombudsmen, the roughest ever stand was taken by a Balochistan based Secretary (Mr. Poonigar perhaps). He is record saying Punjab will not establish this system but the Federal Government may ask Federal Ombudsman to entertain complaints against Punjab government. The bureaucracy later tackled this matter tactfully by inducting such people in these institution in whose directory the world public spirit never existed. The appointments in these institutions today are made only to provide jobs for some and not with intent to provide justice. The example is the best right man Mr. Justice Zahid Aslam Nassar the most suitable in this regard has never been appointed as Ombudsman.
With change of "man" the working of a Department also gets changed. It is my firm belief today that the whole ombudsman system needs to be undone and thus huge money saved be trasnferred to human rights petitions section of the Supreme Court of Pakistan for handling issues of collective interest and not of individual relief. I have formally last year submitted this proposal to HE the Preisent of Pakistan and think I did my civic moral duty. What worth is today's whole system can be judged from one simple example. I filed a complaint with Sindh Ombudsman on the subject of non response by a Government Department in Hyderabad. Now for the last about one years I have more than two dozen times approached the Sindh Ombudsman Office Karachi to know the progress but as now usual not to get any response. So the question and million worth question is when a Ombudsman does not give response then how he or his office can have the spirit to take "note" of non response by a deparment complained for.