Daily Times

The credibility of good and effective governance is being rated and gauged all over the world when citizens interact with government departments and officials for their public matters or grievances; they feel satisfaction to maximum level for such interaction and working of government structure.

It is rightly said that no state or country can progress and prosper without having speedy, inexpensive and timely justice. For good governance, it is required to be based on principles of simplicity, responsive, accessible & less expensive, openness, structured & technology based discretion, transparent, time bounded, hassle free from legal complexities and to have strong external oversight mechanism through public bodies comprising good independent professionals.

Unfortunately, this has not happened in Pakistan for many decades, despite it was dreamed by our forefathers who struggled for great independence. The Constitution of Pakistan also ensures speedy and inexpensive justice as described in the “Principles of Policy” but we are lacking behind in implementation area. Everywhere in world, the governments believing on citizens empowerment and welfare have strong independent and effective complaints management system but in Pakistan, there is a lack of hierarchy in effective handling complaints mechanism, lack of timeframe for redressal of public grievances and so much so there is lack of trust between the duty bearers and the citizens which could be considered the key impediments in access to justice, resultantly making rule of law a big problem in country and prevailing unrest in society.

Everywhere in world, the governments believing on citizens empowerment and welfare have strong independent and effective complaints management system but in Pakistan, there is a lack of hierarchy in effective handling complaints mechanism, lack of timeframe for redressal of public grievances and so much so there is lack of trust between the duty bearers and the citizens.

The manner in which discretion is being exercised by govt officials in Pakistan is also a big question mark while performing official functions at their seats which is evident every day from the public experiences, feedback and media reports, which resultantly, increasing frustrations among people day by day due to inefficient govt working and delayed response.

Due to poor performance in governance and avoidance of use of modern technology for handling public matters, Pakistan is one of the highest rating countries where citizens have lodged their grievances against govt authorities or officials at different federal, provincial and local levels on the matters of alleged mal-administration matters.

This state of affairs has also increased the burden of regular courts and the real time of courts is being spent to entertain these grievances. The citizens of Pakistan cannot leave more at the mercy of this outdated administrative justice system and upon whims of few govt functionaries.

The office of Wafaqi Mohtasib in Pakistan was a pioneer in Asia and was established in the year 1983 for ensuring the speedy and inexpensive justice against maladministration of govt agencies. The institution of Ombudsman has the mandate not only to diagnose, investigate, rectify and redress injustice done to a person due to maladministration in any agency of the federal government agencies or officials but also to make recommendations as well on receipt of references from the President, National assembly and Superior Courts. The institution of Ombudsman is not only working at centre but also working in all provinces.

The office of Mohtasib/Ombudsman has the mandate to address the systemic issues of governance in any govt agency through committee reports and to make recommendations for rectification. The role of Ombudsman offices has been considerably strengthened through the Federal Ombudsmen Institutional Reforms Act promulgated in 2013, and they now have all legal measures for implementation of their recommendations.

The Institution of Ombudsman is not only working at centre, but also working in all four provinces and Azad Kashmir. Complaints can be lodged there by citizens including Overseas Pakistanis relating to all public services against govt agencies responsible or found involved in maladministration at the levels of federal, provincial and local administration.

At centre, five offices i.e. Federal Ombudsman, Federal tax Ombudsman, Federal Insurance Ombudsman, Federal Banking Ombudsman, and Federal Ombudsperson against Harassment at workplace are working under their respective laws but under one and same Appellate Authority in Pakistan, which is President of Pakistan. The office of president being the Appellate Authority of Ombudsmen is dealing representations/appeals against the recommendations/findings under the respective Ombudsman laws. The similar role has been given and assigned to governors in provinces in their respective Ombudsmen laws.

However, the role of president and governors with reference to provision of speedy and inexpensive justice needs to be further defined, prioritised and to further strengthen with modern ideas, public requirements, awareness and having strong implementation strategy as per mandate and spirit already promulgated through Ombudsmen laws in the larger public interest.

The offices of president at centre and governors at provinces can also play a pivotal role in suggesting for rectification in governance through Ombudsman system while ensuring that good governance and transparency remains on track and focused on delivering for the common man being appellate authorities of the Ombudsman system in Pakistan.

These offices can also play a vital role for timely administrative justice at grassroots level against maladministration of government agencies or their officials under the respective Ombudsmen laws. The offices of president and governors can play a significant constitutional role as well by bringing all the stakeholders on board for an expeditious strategy for implementation of administrative justice at grassroots level through the prevalent Ombudsman system in Pakistan. The action on the part of the president and governors would further help the victims of maladministration by the government.

The appointment criteria being the head of federal and provincial ombudsman would also be very important and critical for the success of good governance and transparent system. Personalities or professionals, who are vibrant, have passion, legal background & knowledge, vision, courage and have commitment to serve the public should be appointed to these posts with clear time bounded targets for resolving public grievances and addressing systemic issues of governance through Committees reports.

The caseload before the courts is already too large, and many of the complaints that are brought before the Ombudsman need not turn into a regular legal dispute. As the ombudsman/mohtasib or his liaison counsellors at local levels are empowered to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance, therefore, there is a dire need for strengthening the Informal Dispute Resolution mechanism for handling public grievances in addition to regular handling system against state functionaries as well in Pakistan through the offices of Ombudsman. The people of Pakistan cannot leave more at the mercy of this outdated Administrative justice system and upon whims of govt functionaries. These efforts can also be directed for reduction of the huge backlog of maladministration cases and for resolution of public complaints within 60 days or at earliest.

Introduction and promotion of Informal Dispute Resolution (IDR) through mediation would not only shorten the time of litigation and would strengthen the role of the Ombudsman for speedy and inexpensive relief in respect of public complaints relating to maladministration of government agencies. Such a mechanism could be introduced and extended down to the district and union council levels. However, the most important aspect would be implementation, setting up proper systems at centre and at provinces level through qualified professionals with the objectives to coordinate and support all governance issues and to make effective strategy with solid implementation plan for provision of speedy and inexpensive administrative justice at grass roots level for the common man.

The benefits for activation of a speedy and inexpensive administrative justice system on the citizen’s doorstep would be very beneficial, everlasting and would make wonders in areas of good governance and transparent Pakistan.

The writer is a practicing lawyer at Supreme Court and has served as Chairman, Federal Excise & Sales Tax Appellate Tribunal and Senior Advisor Federal Ombudsman. He can be reached at: hafizahsaan47@gmail.com.