ISLAMABAD - Federal Ministry of Law and Justice has submitted its reply before the Islamabad High Court (IHC) in a petition of Mushtaq Ahmed Sukhera challenging his removal from the office of Federal Tax Ombudsman (FTO) and termed his appointment against the rules and regulations.
In lieu of it, the Ministry said that there is no need of filing a reference in the Supreme Judicial Council (SJC) or issuing a show-cause notice for termination of Sukhera as FTO.
The Ministry’s reply said that the Prime Minister had recommended Mustaq Sukhera as Federal Tax Ombudsman two years before on August 30, 2017; according to this President of Pakistan appointed him on the very day.
According to clause 3 (1) of the Ordinance 2000, it is the prerogative of President of Pakistan and PM advice is not necessary.
It further said that the important point is that the principle of appointment is clear and it cannot be deviated. According to clause 5 of Act 2013: Federal tax Ombudsman would only be removed by filing reference in SJC but this law will only be implemented if the appointment is according to the law. President did the appointment with recommendation of PM so this is illegal. At this situation it is not even necessary to issue show-cause notice.
Earlier, a single Bench of IHC comprising Chief Justice of IHC Justice Athar Minallah had suspended the Federal government’s notification regarding removal of Muhstaq Ahmad Sukhera as FTO and issued notices to the respondents.
In its order, the court noted, “Till the next date fixed, operation of the impugned notification shall remain suspended. However, the petitioner is restrained from performing his functions till the next date fixed.”
It added, “Let notice be issued to the respondents for filing a report and para-wise comments within a fortnight. Notice is also directed to be issued to the learned Attorney General of Pakistan under Order XXVII-A of the code of civil procedure, 1908.” Sukhera moved the court his counsel Zainab Janjua Advocate and cited President of Pakistan through Secretary to the President, Prime Minister through Principal Secretary and Secretary of Law and Justice as respondents.
In his petition, he assailed the notification dated June 12 whereby the President has withdrawn his notification of appointment against the post of FTO.
The Federal government had earlier removed Mushtaq Ahmed Sukhera from the post of FTO withdrawing the official notification for his appointment.
Former Inspector General (IG) of Police in Punjab, Mushtaq Sukhera was appointed the FTO in August 2017 by the Pakistan Muslim League-Nawaz (PML-N) government.
The PTI’s Federal government had prepared a reference against the former IGP Punjab for his alleged failure to avert the 2014 tragedy in Lahore’s Model Town.
The government had forwarded the reference to the Law Ministry.
