LHC widens expat courts' scope

The Lahore High Court (LHC) has ruled that all property-related disputes involving overseas Pakistanis will be heard exclusively by Special Courts established under the Overseas Pakistanis Property Act, instead of regular civil courts.

In a detailed 14-page written judgment, Justice Anwar Hussain set aside earlier decisions that had restricted the jurisdiction of Special Courts to limited categories of cases.

The ruling came while deciding petitions filed by Muhammad Iqbal Mudassar and others.

According to the judgment, the jurisdiction of Special Courts extends beyond disputes related to possession and ownership and includes inheritance, partition, mutation, power of attorney, and both movable and immovable property matters involving overseas Pakistanis.

The court observed that the Overseas Pakistanis Property Act was enacted to safeguard the legal and property rights of overseas Pakistanis through a dedicated judicial mechanism aimed at ensuring speedy and effective justice.

The petitioners had argued that both civil courts and Special Courts had misinterpreted the law by transferring only selected categories of cases, creating complications and delays for overseas Pakistanis seeking relief.

The court remarked that disputes should not become a "ping-pong" between courts due to conflicting interpretations over jurisdiction.

The judgment further clarified that if even one party in a dispute is an overseas Pakistani, the matter will fall within the jurisdiction of a Special Court.

It also ruled that cases transferred from civil courts would continue from the same stage of proceedings and overseas Pakistanis would not be required to institute fresh litigation.