Writ seeks appointment of Ombudsman

A Supreme Court lawyer today filed a writ petition with the High Court, seeking its directive on the government to appoint an ombudsman to investigate the actions of any ministry and public office under the constitution.

Advocate Eunus Ali Akond submitted the petition also praying to the HC to issue a rule asking the government to explain why its inaction to appoint an ombudsman under the constitution and the Ombudsman Act, 1980 should not be declared illegal.

Secretaries to the law ministry, cabinet division, president’s secretary and speaker to parliament have been made respondents to the required rule.

The petitioner said in the petition that there are provisions in article 77 of the constitution and in the Ombudsman Act, 1980 for appointing an ombudsman to investigate any action of a ministry and a public office and to report before the parliament and the government.

Article 77(1) of the constitution stipulates that “Parliament may, by law, provide for the establishment of the office of Ombudsman.” Article 77(2) of Bangladesh Constitution also stipulates that, once established the Ombudsman shall have the power to investigate any action taken by a ministry, a public officer or a statutory authority and such other powers and functions as may be prescribed by Parliament.

According to Article 77(3) of Bangladesh Constitution, the Ombudsman shall prepare an annual report concerning the discharge of his functions and such report shall be laid before Parliament.

“Being convinced by the fact that an institution like the Ombudsman would be essential for safeguarding the interests and rights of the public in Bangladesh from maladministration or administrative excesses, our constitution makers have made such provision for it in the constitution,” Eunus said in the petition.

But the government has not appointed the ombudsman which is a violation of article 77 of the constitution and the Ombudsman Act, 1980, he also said.

He told The Daily Star that the HC may hold hearing on the petition tomorrow.