Islamabad - An Intra-Court Appeal (ICA) challenging the appointment of Kashmala Tariq as Federal Ombudsperson has been moved before the Islamabad High Court.

 The ICA was moved by a lawyer Rai Qaiser Abbas Advocate in person who cited Federation through Secretary to the President, Ministry of Law and Justice through its deputy secretary, Secretary Federal Ombudsman and Kashmala Tariq as respondents. 

Earlier, a single bench of IHC comprising Justice Miangul Hassan Auranzeb had conducted hearing of the petition in this matter and dismissed the same in-limnie by terming it as non-maintainable.

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 the workplace Act 2010 read with section 21 of the Federal Ombudsmen Institution Reforms Act 2013 for a period of four years.

The petitioner adopted that the appointment of Kashmala is not in accordance with the law and because it does not fulfil the relevant provisions of law which provide the mandate and illegibility of the appointment of ombudsperson.  According to law, a person shall be qualified to be appointed as an Ombudsman if he has been a judge of high court or is 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.

He maintained the ombudsperson must fulfil all the requirements for the appointment of the position. Terming her appointment arbitrary, illegal and unconstitutional, he objected that Kashmala has only been accommodated on account of her political attachment with the ruling party.

 Petitioner contended that her appointment is violation of mandatory provision of statute, which is negation of the articles enshrined by the Constitution of Pakistan.

Therefore, he prayed to the court that the appointment of Kashmala Tariq, in the best interest of justice as Ombudsperson be declared illegal, and without lawful authority.