The High Court has issued a rule asking the government to explain why its prolonged failure, inaction, and negligence in appointing an ombudsman and making the institution functional should not be declared illegal and beyond legal authority.
On Thursday, a bench comprising Justice Bhishmadev Chakrabortty and Justice Abdur Rahman issued the rule following the hearing of a writ petition. Advocate Ishrat Hasan appeared in court on behalf of the petitioner.
The writ challenges the state’s continued inaction in implementing Article 77 of the constitution and the Ombudsman Act 1980.
The petition highlighted that despite the constitutional requirement to appoint an Ombudsman and the specific law enacted in 1980, the failure to establish the office, make appointments, and commence its activities even five decades after independence constitutes a violation of the constitutional mandate.
It further argued that such inaction contravenes the principles of good governance and undermines citizens’ rights to legal redress and remedies.
