LHC suspends termination of ombudsperson

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LAHORE: The Lahore High Court has suspended the termination of the Ombudsperson for Protection against Harassment of Women at Workplace by the caretaker Punjab government.

Ombudsperson Nabila Hakim Ali Khan filed a writ petition challenging her denotification by the caretaker government issued on Aug 8.

Lahore High Court Bar Association President Chaudhry Ishtiaq A Khan appeared on behalf of the petitioner and argued before the court that the impugned notification issued by the caretaker government was without lawful authority.

He said the caretaker government had no jurisdiction to remove the petitioner under the mandate of Section 230 of the Elections Act, 2017. He further stated that Section 7 of the Protection against Harassment of Women at Workplace Act 2010 provided a security of tenure of four years and the petitioner cannot be prematurely removed.

An additional advocate general objected to the maintainability of the petition on the ground that the Election Commission of Pakistan had not been impleaded as a party. He also argued that the tenure of the ombudsperson was enhanced from two to four years by the previous government at the end of the term of the assembly which had no legal effect.

Justice Raheel Kamran Sheikh allowed the petitioner’s counsel to amend the petition and implead the ECP as a proper party in the case to determine the scope of the caretaker government under the Election Act 2017.

The judge observed that the points raised in the petition needed consideration and issued notices to the federal and provincial governments besides the ECP submission of replies by Aug 18. The judge ordered that the impugned notification shall remain suspended unless the petitioner had already relinquished the charge.

Published in Dawn, August 13th, 2023

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