Law:

Section:

(a) Punjab Office of Ombudsman Act (X of 1997)----- -----Preamble, Ss.2(3)(4) & 3-----"Office of Ombudsman"-----Historical background. (b) Punjab Office of Ombudsman Act (X of 1997)----- -----Preamble & S.9-----Preamble-----Scope-----Jurisdiction, functions and powers of the ombudsman-----Preamble of Punjab Office of Ombudsman Act, 1997 was an immensely wide worded, and all pervasive provision that encompassed possibly all and any instances of public wrong doings, and omissions, and injustice in the public domain whenever any Government Agency i.e. Government Departments, emanations of the State, next step Agencies of the Government, statutory corporations, autonomous bodies; were accused of malpractice, or corrupt practice-----High Court and its subordinate courts, and the "Provincial Assembly", were excluded from the definition of a "Government Agency"-----If the contents of Preamble were real in isolation, and to the exclusion of the other provisions of the Act, 1997, it would emerge that whenever, and wherever a public functionary, performing functions in connection with the affairs of the Province was accused of maladministration or corrupt practice; the Ombudsman would have the necessary jurisdiction to rectify the injustice so caused; thereby protecting the rights of the people; and uphold the rule of law-----Such would lead to chaos resulting into a clash of jurisdiction, both in terms of the Constitution and the law; with more than one forums clamoring for the same jurisdiction-----For instance, the term 'maladministration' or 'corrupt practice', or their ingredients, pretty much cover all ingredients and facts of S.5 of the Prevention of Corruption Act, 1947, besides all attracting the Scheduled offences of P.P.C.-----Such being the intent of legislature, that the widely worded all encompassing Preamble had been qualified by other provisions of the Act-----Most notable in the present context being the provisions of Ss.2(2), 9, 10, 11, 12, 13, 14, 16, 29 and 32 of the Punjab Office of the Ombudsman Act, 1997. Shafaatullah Qureshi v. Federation of Pakistan PLD 2001 SC 142 and International Cargo Handling Company (Pvt.) Limited v. Port Bin Qasim…