MOFA accused of Apostille law breach

IHC issues notice as petitioner highlights treaty breaches

ISLAMABAD:

The Islamabad High Court (IHC) has served notice to the Ministry of Foreign Affairs (MOFA) following allegations that it has been violating the Apostille Convention, an international treaty, while turning a blind eye to alleged corrupt practices at one of its liaison offices, it emerged on Monday.

The notice was issued by IHC's Justice Babar Sattar, demanding para-wise comments from MOFA and other respondents within a fortnight.

The petitioner, Advocate Mansoor Hassan Khan, approached the court after MOFA refused to register a document duly apostilled by the Secretary of State of Michigan, USA.

Mansoor made MOFA, through its secretary, along with several other officials, including the chief secretary Punjab and the sub-registrar Lahore, as respondents for refusing to register the apostilled document concerning the gift of property shares from the petitioner and his brother to their sister.

Pakistan ratified the Apostille Convention - a Hague Convention that abolishes the need for legalisation of foreign public documents - on July 8, 2022.

The convention became enforceable in Pakistan on January 26, 2024, through the Apostille Ordinance, 2024, which was later extended in May and solidified as an act of parliament in September 2024.

The FO's website also states that Pakistan has acceded to the Hague Convention, stating foreign public documents authenticated by apostille can be directly presented to the concerned authorities without any other attestation requirement.

In line with the obligations as contracting state of the Convention, it adds, concerned authorities of Pakistan will now accept the Foreign Apostille Certificates issued by the member/contracting states of the convention from the date of entry into force i.e. March 9, 2023, without any requirement of attestation from Ministry of Foreign Affairs or Pakistan Missions abroad.

However, on June 6, the petition reads, Mansoor requested the sub-registrar for registration of the apostilled document under the Registration Act of 1908 but he refused, saying the apostilled documents were neither legalized by the Pakistan embassy in Washington nor attested by MOFA in Pakistan.

Mansoor apprised him that it wasn't required under the law but to no avail.

Subsequently, Mansoor sent an email to the foreign secretary and requested him to discharge his legal and constitutional duties, adding that he also informed the official about the alleged corruption in the Lahore office of MOFA taking place on account of his dereliction of duties.

"The Lahore Office of MOFA continues to attest foreign documents although this requirement was abolished under the new law," Mansoor stated in the petition, "This is nothing but corruption at the Lahore office of MOFA".

He added that MOFA neither responded to the allegation nor took any action.

Afterwards, the petition reads that a formal legal notice was served on the foreign secretary about the illegality being committed by the sub-registrar in breach of the apostille law.

The petitioner also sent legal notices to other respondents for not registering the documents and insisting that the same should be legalized by the Pakistan embassy in Washington and MOFA.