| Case ID |
375fa4d6-3d56-48d7-b9ee-cb520918e6c2 |
| Body |
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| Case Number |
Writ Petition No. 50962 of 2019 |
| Decision Date |
Sep 18, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided by Justice Jawad Hassan, disposed of the constitutional petition of the petitioner, an Overseas Pakistani, who sought directions against the Vice Chairperson of the Punjab Overseas Pakistan Commission regarding a complaint of fraud in real estate. The court held that if the petitioner is indeed an Overseas Pakistani as defined under the Punjab Overseas Pakistan Commission Act, 2014, the Vice Chairperson must refer the complaint to the Commissioner for a detailed inquiry. The court emphasized that Overseas Pakistanis have inalienable rights to property and protection under the Constitution, and it mandated that the grievance be addressed within a month. The decision reinforced the legal obligations of public authorities to respond to complaints from Overseas Pakistanis and to ensure justice is served. |
| Summary |
This case revolves around the rights of Overseas Pakistanis in relation to property disputes and the responsibilities of the Punjab Overseas Pakistani Commission. The petitioner, Muhammad Habib Chaudhry, claimed to have been defrauded in real estate transactions and sought legal redress through a writ petition. The Lahore High Court underscored the legal protections afforded to Overseas Pakistanis under the Punjab Overseas Pakistan Commission Act, 2014, and the Constitution of Pakistan. The court directed the Commission to take action on the complaint, emphasizing the inalienable rights of citizens regarding property ownership and protection under Pakistani law. This case highlights the critical role of legal frameworks in safeguarding the interests of Overseas Pakistanis, who often face unique challenges when dealing with property issues from abroad. The ruling serves as a reminder of the obligations of public authorities to address grievances promptly and fairly, ensuring that justice is accessible to all citizens, regardless of their location. Overall, this case is significant for its implications on property rights, the responsibilities of state institutions, and the legal recourse available to Overseas Pakistanis, making it a vital reference point for similar future cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Overseas Pakistani Commission
|
| Judges |
Jawad Hassan
|
| Lawyers |
Muhammad Habib Chaudhry
|
| Petitioners |
Muhammad Habib Chaudhry
|
| Respondents |
Punjab Overseas Pakistani Commission,
2 Others
|
| Citations |
2020 SLD 104,
2020 PLD 49
|
| Other Citations |
Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997,
Shahid Idrees v. Government of the Punjab and others PLD 2018 Lah. 284
|
| Laws Involved |
Punjab Overseas Pakistan Commission Act, 2014,
Constitution of Pakistan, 1973
|
| Sections |
2(i),
3,
4,
7,
7(2),
4,
5(2),
23,
24,
199(1)(a)(i),
260
|