Tuesday 24 April 2012

Jurisdiction of a Ombudsman in Pakistan

Citation Name : 2000 SCMR 1615 SUPREME-COURT
Side Appellant : MUHAMMAD JAVED
Side Opponent : OFFICER INCHARGE; MARKET COMMITTEE, GOVERNMENT OF SINDH, KARACHI

Ss. 7 & 14—Constitution of Pakistan (1973), Arts. 185(3) & 199–Establishment of the of fice of Ombudsman for the Province of Sindh Act (I of 1992), S. 9-Reference to Ombudsman by Supreme Court —Allegation of maladministration of Market Committee constituted under S.7, Agricultural Produce Markets Act, 1939–-Market Committee although a creature of the Provincial Government but occupied the status of the body corporate under S.14 of the same Act—Petition for leave to appeal to Supreme Court –Maintainability—Held, neither Supreme Court nor the High Court , in the ordinary course of things, could supervise or control , an essentially administrative matter—Corrective machinery in that behalf lay elsewhere and one of those levels, and a substantially High one, was that of Ombudsman–Supreme Court after hearing the matter at some length and upon issuance of necessary notices concluded that in addition to the general and Suo motu jurisdiction of the Ombudsman, which would continue to vest with him in respect of whatever Supreme Court would observe, certain related questions were framed by the Supreme Court and were referred to the Ombudsman accordingly– Read more…

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