May 27, 2003	Tuesday	Rabi-ul-Awwal 24,1424

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PESHAWAR, May 26: Senior government officials on Monday termed the setting up of two separate offices of ombudsmen — one under the Local Government Ordinance 2001 and the other under the draft Shariah Act — incongruent.

The NWFP is likely to have a parallel institution of ombudsmen at the district level in line with the provisions of the draft Shariat Act and the Local Government Ordinance, 2001.

The draft Shariat Act, scheduled to be taken up for legislation by the provincial assembly in its special session starting on Tuesday, envisages the establishment of office of ombudsman at the district level to address public grievances.

Similarly, the Local Government Ordinance, 2001, introduced by the military government, also requires the provincial government(s) to set up ombudsman’s offices at the district level in fulfilment of the spirit of the local government system introduced on August 14, 2001.

“There is confusion as to how the two parallel systems would function at the district level simultaneously, how much funds each one of them would be provided and how their roles and duties would be different from each other,” said a senior government functionary.

With the establishment of the offices of ombudsmen at the district level under the Shariat Act and the LGO 2001, the number of such establishments in the Frontier province would rise to three with the office of the federal ombudsman being the third one already performing its duties in the provincial capital.

For the establishment of ombudsman’s offices at district level as envisaged under the draft Shariat Act, the provincial government would have to allocate Rs50 million for the first financial year.

An equally large amount would be required to fund the ombudsmen offices being established under the NWFP Local Government Ordinance, 2001.

The draft Shariat Act envisages establishment of the office of Mohtasib (ombudsman) in an attempt to introduce a watchdog system at the district level which would come parallel to the office of ombudsman being set up at every district in line with the Local Government Ordinance, 2001.

Under the NWFP Local Government Ordinance, 2001 the provincial government is required to appoint Mohtasibs in all districts of the province to address public grievances and take suo motu action against corrupt officials of the district governments. The district ombudsmen would also have the power to check official record of any district office any time.

In line with the provisions of LGO 2001, according to sources, the provincial government is in the process of appointing Mohtasibs in four districts of the province — Abbottabad, Dera Ismail Khan, Peshawar and Swat.

A three-member committee, headed by judge of the Peshawar High Court Justice Naserul Mulk, has also been set up by the provincial government to select suitable persons for the establishment of the Mohtasib offices in four districts.

The committee had already recommended names of four candidates and the government has decided to appoint a grade-20 officer as district Mohtasib.

Peshawar city district Nazim Azam Afridi told this correspondent that he had proposed to the provincial government to appoint a retired judge as district Mohtasib.

“The government, too, is in a state of confusion as to how to accommodate two parallel offices of ombudsman,” said the officer, while referring to the two parallel institutions being introduced at the district level by the provincial government simultaneously.

After the enactment of the Shariat Act the government will appoint Mohtasibs in all the districts.