The office and the process is not a new one, having been in existence since 1983 when it was created by a Presidential Order. What intrigued me was the fast and up to date website and the online complaint system. Justice is supposed to be all about obtaining speedy relief and the idea of that coupled with technology is a novel one for the average Pakistani, allowing one to cut through the red tape which surrounds the processes of our courts and police; even better, you don’t need a lawyer. Effectively you are in the driving seat.
The Wafaqi Mohtasib (Investigation and Disposal of Complaints) Regulations 2013 which can be found under the heading of legal framework on the Wafaqi Mohtasib’s website provide a step-wise procedure for filing the complaint. There is even an online complaint form through which a date is fixed for the hearing, and the agency against which the complaint is filed is summoned, as is the complainant. Facts and evidence regarding the same are presented and both parties are given an opportunity for hearing after which the Wafaqi Mohtasib announces his findings, which may be after the initial hearing or after subsequent hearings. There is enforcement of orders too in all of this because apparently the office of the Wafaqi Mohtasib checks up on the implementation of its orders and should they be ignored, it can hold the Federal Agency in contempt. The Wafaqi Mohtasib also has the powers to issue temporary injunctions. Establishment of the Office of the Wafaqi Mohtasib (Ombudsman) Order 1983 also provides that while the Wafaqi Mohtasib is hearing a matter, the same matter shall not be instituted for hearing by any court of law. This provision while empowering the Wafaqi Mohtasib also seeks to avoid multiple litigations.
In order to independently verify the claims made by the Wafaqi Mohtasib’s website and its annual reports I sought out persons who had approached the Wafaqi Mohtasib’s office recently. Mr. Arif’s story is a success through and through. Mr. Arif had a residential plot of land in Islamabad for the possession of which he approached the CDA, however the CDA refused possession despite the fact that nothing was amiss in Mr. Arif’s documentation. Just when he was weighing the choice between filing an injunction in the district courts in Islamabad or filing a writ petition before the Islamabad High Court, a friend of his advised him to approach the Wafaqi Mohtasib with his complaint. He was initially doubtful about this advice, but since most people are quite apprehensive about approaching the court because of the whole red tape of dealing with lawyers, long dates and the chances of success being slim, he decided to google the Wafaqi Mohtasib and hit upon the online complaint filing mechanism and filed his complaint. A date of hearing was fixed at the Wafaqi Mohtasib in a quick follow up to the complaint, but CDA did not attend it, nor a subsequent hearing. A case officer was assigned to Mr. Arif at the Wafaqi Mohtasib who studied his case and brought the findings before the office which decided in favour of Mr. Arif. The whole process took 2 months. Suffice to say that approaching a court of law would have taken considerably longer.
There are at least two other instances I came across where people told me that they had approached the Wafaqi Mohtasib against unjust acts of IESCO and SUI Gas successfully
There are at least two other instances I came across where people told me that they had approached the Wafaqi Mohtasib against unjust acts of IESCO and SUI Gas successfully. The website of the Wafaqi Mohtasib provides that it deals with all matters against Federal Agencies except for those matters that relate to defense, external affairs, service matters, federal public service commission and sub judice matters. Sub judice matters are those that have been decided by the courts already.
It does appear so far that the Wafaqi Mohtasib has avoided any political or other influence exerted on him and has thus remained transparent and unbiased, qualities very necessary for dispensation of justice. I would strongly recommend that anyone thinking about approaching the Wafaqi Mohtasib should first spend some time on their website and go through the various legislations provided therein. While not a substitute for the judicial system it may however aid people in obtaining speedy and cost-free relief. An applicant may however find himself approaching the same courts if the Wafaiq Mohtasib rules against him, thus it’s very important to first study the process and legislation surrounding it all.
The writer is a practicing advocate of the High Court and can be reached at: yousaf@yaa.com.pk