| Case ID |
7f89ecff-738a-46c7-bcdb-6f048b01ebc1 |
| Body |
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| Case Number |
Civil Appeal No. 1915 of 1998 and Civil Miscellane |
| Decision Date |
Nov 12, 2001 |
| Hearing Date |
Sep 17, 2001 |
| Decision |
The Supreme Court of Pakistan ruled that the interim package for the distribution of properties left by the late Ameer of Bahawalpur, as proposed by the Government, did not meet the ends of justice. The Court emphasized that the distribution must adhere to the principles outlined in previous cases, specifically Government of Pakistan v. H.H. Nawab Muhammad Abbas Khan Abbasi and others PLD 1982 SC 367 and H.H. Nawab Muhammad Abbas Khan Abbasi v Government of Pakistan PLD 1984 SC 67. It directed that a committee headed by a retired Supreme Court Judge be established to make recommendations on the distribution of the property, ensuring that the process aligns with legal and factual considerations. The decision highlighted the need for fairness and adherence to Muslim law in distributing the estate among the heirs. |
| Summary |
In the landmark case of Civil Appeal No. 1915 of 1998, the Supreme Court of Pakistan addressed the contentious issue of property distribution left by the late Ameer of Bahawalpur. The court scrutinized the interim distribution package proposed by the Government, declaring it insufficient and misaligned with judicial precedents. The court underscored the importance of adhering to the principles of justice and equity, as well as the rulings in earlier cases concerning the distribution of the late Ameer’s estate. The court mandated the formation of a committee, led by a retired Supreme Court Judge, to ensure that all legal and factual issues are meticulously resolved, thereby minimizing further litigation. This ruling is pivotal in upholding the principles of Shariah and Muslim law in property inheritance matters, emphasizing the necessity for a fair and transparent distribution process among heirs. The decision has implications for future inheritance disputes, setting a precedent for equitable distribution in accordance with established legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government of Pakistan,
Ameer of Bahawalpur
|
| Judges |
Muhammad Bashir,
Jehangiri,
Munir A. Sheikh,
Rana Bhagwandas
|
| Lawyers |
Naveed Rasul Mirza,
Kh. Mushtaq Ahmad,
M. Nawaz Bhatti,
Mehr Khan Malik,
Fakhr-ud-Din G. Ebrahim,
M.S. Khattack,
Abdul Karim Khan Kundi,
Ch. Akhtar Ali,
Abdul Rashid Awan,
M.A. Zaidi,
Ch. Fazle Hussain,
S. Hamid Ali Shah,
Raja Abdul Ghafoor,
Ejaz Ahmad Ansari,
Syed Abul Aasim Jafri,
M. Bilal,
Sh. Riazul Haq
|
| Petitioners |
Princess Rafiquah Abbasi,
Prince A. M. Abbasi
|
| Respondents |
24 others,
Federal Government through Secretary
|
| Citations |
2002 SLD 2451,
2002 PLD 170
|
| Other Citations |
Government of Pakistan v. H.H. Nawab Muhammad Abbas Khan Abbasi and others PLD 1982 SC 367,
Brig. H.H. Nawab Muhammad Abbas Khan Abbasi v. Government of Pakistan PLD 1984 SC 67,
Dina Sohrab Katrak's case PLD 1959 SC (Pak.) 45,
Anisa Rehman's case 1994 SCMR 2232
|
| Laws Involved |
Devolution and Distribution of Properties (Ameer of Bahawalpur) Order, 1969,
Constitution of Pakistan (1973)
|
| Sections |
Art. 185
|