Worried widow: A victim of fraud, harassment lives under constant fear

A controversial agreement over the sale of her house is the reason behind her distress.

ISLAMABAD:

The deteriorating law and order situation in the country and the government’s failure to protect citizens from injustice has forced people to suffer a life of constant fear and misery. Shaheen Kausar, a widow residing in the capital city, is one such woman who has lost her entire family in the pursuit of justice.

A controversial agreement between Shakeel Ahmed, a property agent by profession, and Kausar regarding the sale of her house in 1987 led to a protracted legal battle and according to her, the death of her two children. Ahmed was an influential person, who abducted her son Muhammad Ali in 1992 when he was only 13 years old. Later, his body was discovered from Rawal Dam, she said.

After struggling for 23 years, Kausar succeeded in obtaining the ownership of her house from the Supreme Court. However, she is still traumatised, and her losses seem to outweigh her gains.

After the Supreme Court ruled in her favour, she was implicated in two fake cases, in which she is accused of signing a forged nikahnama (certificate of marriage) and forged documents for the sale of a portion of her house. She says it is hard to believe she ever got justice.

“The battle has claimed my son and daughter, as well as my husband. I now live in a 1,500 square metres house all alone and I constantly fear they will kill me and take over my house, which is my last ray of hope,” she said, her voice choked with pain. “In 2009, my daughter Hamda lost her life in a road accident.” She believes the accident was staged by her rivals. Her husband also died last year after a protracted illness, leaving her alone to face her opponents.

When her case finally landed in the Supreme Court, a three-member bench of the apex court, headed by Justice Javed Iqbal and comprising Justice Raja Fayyaz Ahmed and Justice Muhammad Sair Ali decided in her favour last May. “In the peculiar circumstances of the case… the appellant (Shakeel Ahmed) is not entitled to the specific enforcement of the contract as a matter of right,” read the court statement. The court also directed Kausar to deposit Rs2 million with the trial court, to compensate for currency devaluation and rising property prices.

Kausar complied with the court order. However, her opponents are not willing to accept the court’s verdict and are making her life miserable. As a woman who has lost her entire family, she feels threatened and vulnerable. She says she has been terrorised by unknown persons on several occasions. “They have threatened to kill me and constantly warn me to hand over the house to them, or face severe consequences.”  She has requested President Zardari, Prime Minister Yousaf Raza Gilani, and Chief Justice Iftikhar Muhammad Chaudhry to take notice of the injustice.

Facts about the case

According to the Supreme Court Order, Kausar entered into an agreement with Ahmed, a real estate agent, to sell her house, located in Sector F-6/1 for Rs3.35 million on August 23, 1987. Ahmed paid Rs0.2 million as earnest money to Kausar, and it was agreed that she would transfer the house within three months from the date of execution of the agreement. It was decided that Kausar would receive the remaining amount after submitting an application of transfer of property to the Capital Development Authority (CDA) in Ahmed’s name. It was also decided that Kausar would be liable to pay double the earnest money in case she failed to transfer the property within the agreed period. In case she did not pay the amount, Ahmed would have the right to enforce the agreement through the court. The agreement also said the earnest money would be fortified and the contract would be cancelled in case Ahmed failed to pay up. According to Ahmed, Kausar did not file the application in CDA. Therefore, the remaining amount was not transferred in her account. He also claimed Kausar had lost ownership rights over her house  for failing to adhere to the agreement.



Published in The Express Tribune, July 17^th, 2011.