The Judicial Activism Panel (JAP) has challenged the process leading to the appointment of Zafar-ul-Haq Hijazi as Pakistan’s Federal Tax Ombudsman (FTO), seeking detailed official records from President Asif Ali Zardari and the Ministry of Law and Justice to determine whether the selection complied with constitutional standards of transparency and merit.
According to sources, JAP Chairman Muhammad Azhar Siddique, Advocate Supreme Court, has submitted a detailed request under Article 19-A of the Constitution and the Right of Access to Information law, asking the President and the Law Secretary to disclose the complete procedure followed for the appointment.
The panel maintains that the office of the Federal Tax Ombudsman is a key statutory position established under Section 3 of the Federal Tax Ombudsman Ordinance and cannot be treated as an ordinary administrative appointment. It notes that the office carries a fixed four-year tenure and, under Section 16 of the Ordinance, possesses contempt powers similar to those exercised by the Supreme Court.
The JAP argues that such a high public office should be filled through an open, competitive and merit-based process instead of a selection mechanism that is not publicly disclosed.
In its request, the panel has relied on the Supreme Court’s judgment in Constitutional Petition Nos. 1716-1724 of 2022, which declared that every public appointment is a “sacred trust” requiring fairness, transparency and equal opportunity. According to the JAP, the principles laid down by the apex court apply with even greater force to an office vested with significant statutory authority.
The request also refers to subsequent Supreme Court judgments, including PLD 2024 SC 1276 and 2023 SCMR 1932, as well as rulings concerning the Sindh Public Service Commission and the Balochistan High Court, which reinforce merit and transparency as essential requirements for public appointments.
To support its position, the JAP has additionally cited international legal standards, including judicial precedents from India, the UK’s Constitutional Reform Act, 2005, the Commonwealth Latimer House Principles, and Pakistan’s commitments under the United Nations Convention Against Corruption (UNCAC) and the International Covenant on Civil and Political Rights (ICCPR).
Among the documents requested are copies of any advertisement issued for the vacancy, the total number of applications or nominations received, the names of candidates considered, the criteria used for shortlisting, records of any Search or Selection Committee and its proceedings, the official summary and file notings leading to the appointment, the appointment notification, the oath of office, and details of any safeguards adopted to prevent conflicts of interest.
The JAP has requested that the information be provided within 10 days and has urged the government to place the complete appointment record in the public domain. It has also called for future appointments to senior statutory offices to be made through open advertisement and a transparent, competitive selection process to ensure compliance with constitutional principles.
