Verdict: PHC stays transfer of property ownership

Same bench also issued notice to home secretary in arms consignment case

PESHAWAR: The Peshawar High Court has stayed the transfer of property ownership to former ruler of Dir Nawab Shahjehan Khan’s sons on Wednesday after his daughters claimed they were deprived of their shares.

The bench, comprising of Justice Musarrat Hilali and Justice Qalandar Ali Khan, also issued a notice to the provincial government. It also sought its reply after the daughters claimed the notified officer, tasked to enquire and redistribute the property, had ignored their share.

When the hearing commenced on a petition filed by the only living daughter of the former rule of Dir Badshah Sultana, her counsel Abdul Samad Khan said after the state was merged with Pakistan, a commission was constituted to ascertain the property that belonged to the Nawab and that of the government.

He said a commission conducted an enquiry on September 15, 1972 and separated the property in two sets – one was the government and second set was of private property.

He told the court the private property belonged to legal heirs of the Nawab and should have been distributed among them. “However, it was divided solely among the sons of the Nawab, while the daughters were completely ignored as they were also entitled to get legal share out of it,” he said. The counsel said the daughters of the Nawab filed an application in a local court where it was dismissed and another application was filed at the session’s court.

The petitioner’s counsel added the application was decided in favour of Nawab’s sons, forcing his daughters to approach PHC against the ruling.

According to the attorney, the PHC had declared the session’s court’s ruling null and void, ordered home secretary to reinvestigate and carry out proper division of the property. He added following the investigation, the home secretary divided the property among Nawab’s sons and ignored his daughters.

After hearing the arguments, Justice Qalandar Ali enquired if he meant that after PHC declared the court’s judgment incorrect, it should have returned the case to the same session’s court and referred it to the provincial government for relief.

Samad Khan requested the bench to stop the transfer of the property which was accepted and notices were issued to the respondents.

Home secretary put on notice

While hearing another petition, the same bench sought a reply from home secretary after a licenced arms dealer claimed his arms supply consignment was stopped on secretary’s verbal order.

The petition was filed by MS New Classic Arms through its counsel Nasruminallah in which he said the dealer has signed a deal with Sunlight Arms Company based in Lahore.  Minallah said the petitioner, as per deal, would supply 15,000 cartridges, 1,200 pistols and 1,000 short guns.

“As per the rules, both dealers should get a no-objection certificate from their respective provincial governments,” he said. He said they obtained the NoCs from home departments and when the consignment was ready, it was stopped from supply on a verbal order of the home department secretary. He added the companies have fulfilled all requirements and should be allowed to supply the arms. The bench, after hearing the arguments, issued a notice to home secretary and adjourned the case till August 25.

Published in The Express Tribune, August 4^th, 2016.