A Poor Man’s Court

The modern society is a bureaucratic society as every citizen comes into contact with the government functionaries for redressal of his problems but they find themselves entangled in bureaucratic way of disposing of things. The presumption that today’s man is much free and facilitated than the man of a few decades ago, seems to be incorrect if judged by administrative justice provided to him. Therefore, it can be said the dependence of satisfaction of common man is directly associated with the role and responsibilities the government officers play. If not addressed properly it gives birth to dissatisfaction, distrust and depression leading to bad governance.

The traditional method of public administration has proved inadequate in countries like Pakistan and all over the world. Efforts are being made to overcome shortcomings and to correct the methods of administration so that the common man can be saved from the oppression of bureaucracy. One such example to provide speedy and free administrative justice is the establishment of Ombudsman institution with sufficient powers to make accountable the administration.

The word ‘Ombudsman’ has been derived from ‘Norwegian’ which stands for the representative of the king with authority to pronounce upon the complaints of citizens against public authority. Being representative and guardian of citizens’ trust his decisions prevail upon public authority. The Ombudsman’s office in UK is known as Parliamentary Commissioner which entertains complaints on being referred by MP. In India this institution is known as Lokpal with somewhat different composition and powers.

The study of history will reveal that the concept of ‘Ehtesab’ is innate in Islam, the Holy Prophet peace be upon him used to preside over the court of ‘Mazalim’ to hear complaints of citizens against infringements of their rights by public servants. This practice remained in vogue till the period of Khulfhay-e-Rashdeen. Even in the Mughal era the concept of Chain of Justice was basically the way to address the grievances of public against oppressive and lethargic attitude of state officials.

 The simple, inexpensive and speedy justice is the hallmark of Ombudsman’s office which the traditional courts failed to deliver and have necessitated devising method for administrative justice. It is the state’s responsibility to bestow, guarantee and make sure the enforcement of citizens’ rights to be called a welfare state.

The doctrine of audi alterem partem (which means each party has a right to be heard in dispute) and nobody can be the judge of his own dispute are the underlying principles while making accountable the government servants in public grievances.

It was felt since long that some institutional arrangements should be in place to address public grievances but ad hoc arrangements could not bring about any significant improvement in service delivery. In the Constitution of 1973 a body akin to Ombudsman, with the name of the Prime Minister’s Representative for Administrative Inspection was created which also proposed the establishment of an office for administrative justice. At last in Zia-ul-Haq regime in 1983 an autonomous body, the office of Wafaqi Mohtasib’s (Ombudsman) Office was established through an ordinance with distinct powers to investigate complaints against maladministration.

The Wafaqi Mohtasib is appointed for four years, cannot be re-appointed on expiry of term. The term is not extendable. All the federal agencies assist him in discharging his duties as enunciated in the ordinance. The external affairs, defence and service matters have been excluded from the purview of Ombudsman and also the matters under trial in any court of competent jurisdiction.

Since its establishment tens of thousands of complaints have been entertained and recommendations issued granting relief to common man who has been denied justice by any federal agency. In this way the confidence of the people has been restored to somewhat extent and at the same time making the bureaucracy responsible and responsive to public grievances. Even before the start of proceedings of a complaint the agency acts responsibly and solves the problem of aggrieved person. Being a poor man’s court it has received public applauses, however, certain improvements are required to enhance its image in the eyes of public, one such step is the appointment of Ombudsman.