RECORDER REPORT

ISLAMABAD: Islamabad High Court was moved on Thursday against the appointment of Kashmala Tariq as Federal Ombudsperson for Protection against Harassment of Women at Workplace.

The petitioner prayed to the court that the appointment of Kashmala Tariq as ombudsperson may kindly be declared illegal, unlawful and without lawful authority in the best interest of justice.

A single bench of IHC comprising Justice Miangul Hassan Auranqzeb would take up this petition on Friday (today).

Rai Qaiser Abbas Advocate filed the petition and made federation through secretary to the President, Ministry of Law and Justice through its deputy secretary, secretary Federal Ombudsman and Kashmala Tariq as respondents.

In his petition, he stated that President of Pakistan has appointed Kashmala Tariq as Ombudsperson under Section 7(2) of Protection against Harassment of Women at Workplace Act 2010 read with section 21 of the Federal Ombudsmen Institution Reforms Act 2013 for a period of four years with effect from date of taking oath of the said office.

The petitioner adopted that the appointment of Kashmala is not in accordance with law and the appointment is contrary to the relevant provisions of law which provide the mandate and illegibility of the appointment of ombudsperson.

He maintained that this is federal court and the ombudsperson must be fulfilled all the requirements which are provided for the appointment of ombudsperson and Kashmala is only accommodated by her political attachment with the ruling party.

The petitioner contended that her appointment is violation of mandatory provision of statute, which is negation of the articles enshrined by the Constitution of Pakistan. The notification of appointment of Kashmala is arbitrary, illegal and unconstitutional, he added.

As per law, he said that a person shall be qualified to be appointed as an ombudsman who has been a judge of high court or qualified to be appointed as a judge of high court. The ombudsman may recruit such staff as required to achieve the purposes of this Act and the finances will be provided by the respective governments.