PESHAWAR: The Peshawar High Court (PHC) has held that the extension in tenure of the Ombudsman Khyber Pakhtunkhwa is valid and in accordance with the constitution and law.
A division bench of the Peshawar High Court comprising of Justice Syed Arshad Ali and Justice Fazal Subhan issued a detailed judgment dismissing the writ petition filed by the petitioner in person, Advocate Ali Azim Afridi and holding that the extension in tenure of the incumbent Ombudsman Syed Jamal-ud-Din Shah was in accordance with law.
The petitioner had challenged the vires of the Khyber Pakhtunkhwa Provincial Ombudsman (Amendment) Act, 2024, through which the fixed “three-year” term of the Ombudsman was replaced with an “extendable four-year” term.
The judgment notes that it was argued by the petitioner that certain provisions of the said Act had been given retrospective effect to specifically accord protection to the incumbent Ombudsman and this rendered the legislation “person-specific” and thus liable to be struck down.
Barrister Asad-ul-Mulk represented the Ombudsman in his capacity and argued in favor of legislative competence, whereas AAG Taimur Haider represented the KP government.The PHC in its judgment observed that “At the heart of this inquiry lies the legislative authority of the Provincial Assembly of Khyber Pakhtunkhwa, which undoubtedly possesses the constitutional competence to enact, amend or repeal provincial statutes including the Provincial Ombudsman Act, 2010”.
While dismissing the writ petition, the judgment held that “The incumbent Ombudsman’s continuation in office, under the amended framework, is legally tenable. Hence, we find no merit in the instant as well as connected petitions.”
