Ministry of law and justice has declared the appointment of federal tax ombudsman Mushtaq Sukhera as illegal.
Ministry of law and justice has submitted 6- page reply to the Islamabad High Court in case pertaining to removal of Mushtaq Sukhera.
Ministry of law and justice in its reply said that only president has the authority to appoint ombudsman and he does not need Prime Minister’s advice on this count.
What appointment was to be made by the president on his own choice was made on the advice of the Prime Minister.
Ministry said that appointment of Sukhera was not according to law and it is not necessary to remove him through supreme judicial council and also it is not necessary to issue showcause notice to him as his appointment is not according to law.
He was appointed on August 30, 2017 by President upon the advice of PM.
It has been also said in the reply that president of Pakistan has the authority in connection with appointment under ordinance 2000, section 3 (1).
Therefore, ombudsman can also be removed through Supreme Judicial council under section 5 of 2013 act.
Law on removal through supreme judicial council will be implemented only when appointment is made according to law.