Despite constitutional provision and a specific law to establish the Office of Ombudsman for investigating the actions of any ministry and statutory public authority or officer, successive governments have not created this institution even 54 years after the country’s independence.

The Article 77(1) of the Constitution says, “Parliament may, by law, provide for the establishment of the Office of Ombudsman. The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a ministry, a public officer or a statutory public authority. The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament.”

The Ombudsman Act, 1980, reiterates the constitutional mandate for the institution to investigate allegations of injustice, undue favour, or improper personal benefit. However, the Ombudsman would have no authority to investigate matters pending before courts, the conduct of judges or other judicial officers, according to the law.

Supreme Court lawyer Ishrat Hasan, who moved a writ petition before the High Court on May 21 seeking its directive to appoint an ombudsman, said that keeping a constitutionally mandated institution inactive for five decades is not an administrative failure but also denies citizens their constitutional right to seek remedies in the face of harassment, negligence, and lack of accountability in public offices.

“Although the Anti-Corruption Commission plays an important role in combating corruption, the necessity of an ombudsman is even broader and more powerful in ensuring democratic accountability and good governance,” she said.

“The ACC’s focus is limited to detecting, investigating, and prosecuting corruption-related criminal offences such as bribery, embezzlement, and abuse of official power. In contrast, the ombudsman addresses a much wider range of public grievances arising from administrative mismanagement, arbitrary decision-making, negligence, delay, discrimination, abuse of authority, and unfair practices,” the lawyer also said.

She noted that many sufferings faced by citizens do not always amount to corruption but still seriously violate principles of justice, fairness, and good administration. In such cases, the ACC has little or no role, whereas the ombudsman can provide direct institutional redress.

“An effective ombudsman is therefore indispensable in a constitutional democracy, as it protects citizens’ rights in everyday governance. It acts as a bridge between the people and the administration, ensuring transparency, accountability, responsiveness, and administrative fairness, and promotes systemic reform by identifying institutional weaknesses and recommending corrective measures,” Ishrat added.

On October 25, 2009, the then Awami League government’s law minister, Shafique Ahmed, now deceased, had said that an ombudsman would be appointed very soon to ensure constitutional rights of the people. His commitment, however, was not fulfilled later.

Following the writ petition filed by Advocate Ishrat, the HC on May 21 issued a rule asking the cabinet and law secretaries to show cause as to why continued failure, inaction and omission to establish, appoint and operationalise the Office of the Ombudsman in accordance with Article 77 of the Constitution and the Ombudsman Act, 1980 should not be declared illegal, and why they should not be directed to establish, appoint and operationalise the Office of Ombudsman in accordance with the relevant constitutional and legal provisions.

Contacted, Attorney General Md Ruhul Quddus Kazal recently said he was unaware of this issue.

Deputy Attorney General Syed Ejaz Kabir, who represented the state during the hearing on the writ petition, said the HC will deliver a judgement after holding a hearing on the rule.

He also said he was unaware whether the respondents had made any reply to the HC rule and when the HC will hold a hearing on the rule.

Law Minister Md Asaduzzaman could not be reached for his comment despite multiple attempts over the phone.