Lawyers Demand President to Explain FTO Appointment Process

The Judicial Activism Panel (JAP) has challenged the process through which Zafar-ul-Haq Hijazi was appointed as Pakistan’s Federal Tax Ombudsman (FTO). The panel has demanded detailed records from President Asif Ali Zardari and the Ministry of Law and Justice under the constitutional right to information.

JAP Chairman Muhammad Azhar Siddique, Advocate Supreme Court, has sent a detailed questionnaire to the President and the Law Secretary under Article 19-A of the Constitution and the Right of Access to Information law.

The JAP argues that the office of the Federal Tax Ombudsman is a high statutory position that exercises contempt powers comparable to those of a Supreme Court judge, making transparency and merit essential in the appointment process.

According to the panel, such a key public office should be filled through an open, advertised and merit-based selection process rather than through a non-transparent appointment.

In support of its position, the JAP has cited the Supreme Court’s judgment in Constitutional Petition Nos. 1716-1724 of 2022, which held that all public appointments constitute a “sacred trust” and must be made through a fair, transparent and non-discriminatory process.

The panel argues that if these standards apply to honorary positions, they should apply even more strictly to a salaried statutory office such as the Federal Tax Ombudsman.

The panel has also referred to several other Supreme Court rulings, including PLD 2024 SC 1276 and 2023 SCMR 1932, as well as judgments relating to the Sindh Public Service Commission and the Balochistan High Court, which emphasise merit and transparency in public appointments.

It further cited comparative legal principles from India and the United Kingdom, along with Pakistan’s obligations under the UN Convention Against Corruption (UNCAC) and the International Covenant on Civil and Political Rights (ICCPR).

Among the information sought are certified copies of any public advertisement for the position, the total number of applications or nominations received, the list of candidates considered, the shortlisting criteria, details and minutes of any Search or Selection Committee, the official summary and file notings leading to the appointment, the appointment notification, the oath of office, and details of any mechanism used to address potential conflicts of interest.

The JAP has requested that the information be provided within 10 days and has asked the government to place the complete appointment record in the public domain.

It has also urged the authorities to ensure that future appointments to senior statutory offices are made through open, advertised and competitive selection processes.