LAHORE (Dunya News) – The Lahore High Court (LHC) on Friday declared null and void the notification issued during the caretaker government’s regime which removed Nabeela Hakim Ali from the office of provincial ombudsperson (woman).
Justice Raheel Kamran Sheikh issued a 21-page judgment on the petition filed by Ms Nabeela.
Justice Sheikh wrote that the caretaker government in Punjab de-notified Ms Nabeela’s posting on August 4, 2023. According to the petitioner, the caretaker government does not have the authority to make permanent decisions.
According to the Additional Advocate General, the petitioner’s appointment was politically motivated. He argued that a full bench of the LHC had directed the Election Commission to terminate all political appointments. In turn, the commission had directed the caretaker government to remove political appointments to ensure fair elections.
The judgment stated that records show the petitioner was appointed in 2021 for a term of two years. Later, the Punjab government extended the tenure to four years through a gazette notification. The law provides a specific procedure for removing the provincial ombudsperson, which includes cases of misconduct. In the absence of such a procedure, the ombudsperson cannot be removed.
Justice Sheikh observed that under the Constitution, the powers of a caretaker government are limited. Its role is only to conduct transparent elections, while governance and other matters fall under the jurisdiction of an elected government. Therefore, the decision made by the caretaker government does not align with constitutional principles.
Justice Sheikh observed that although the state lawyer claimed the petitioner was removed to ensure transparent elections, neither the Election Commission nor the caretaker government explained how a provincial ombudsperson could influence the electoral process. The government also claimed that the petitioner was associated with a political party.
The judge emphasized that removing someone from office solely based on past political affiliations contradicts the spirit of the law. Therefore, the notification removing the petitioner is declared void. The court also concluded that the current appointment process for the provincial ombudsperson is flawed.
The court directed the authority to issue a formal advertisement for the position of provincial ombudsperson (woman) and to select a suitable candidate through the Public Service Commission.