The Supreme Court of Pakistan has dismissed the appeals filed by the Khyber Pakhtunkhwa government and the Provincial Ombudsperson in a property dispute case, declaring the appeals as “unmaintainable.” Justice Musarat Hilali issued a written judgment in the case.
The Supreme Court stated that when private parties remain silent, why do the government and the Ombudsperson intervene in appeals? According to the Supreme Court’s statement, if a de-listed case cannot be presented before the available bench, it will be assigned for the next week.
The court clarified that the Ombudsperson holds the status of a judge, not a party, and therefore cannot advocate for decisions in higher courts. The judgment reads that the Ombudsperson is a semi-judicial institution and cannot become a party affected by a decision; its status is that of a judge, and it must remain impartial.
The Supreme Court ruled that the Khyber Pakhtunkhwa government was neither the rightful heir to the property nor suffered any personal loss from the decision, so it had no legal right to file an appeal. The court further stated that if the actual claimants of the property wish to appeal, their right will not be affected.
This dispute was between Shahber Khan and other private parties over property ownership and division, with the Khyber Pakhtunkhwa woman Ombudsperson issuing a decision under the Women’s Property Act 2019. However, the Peshawar High Court had declared the Ombudsperson’s decision null and void, terming it an overstep of jurisdiction.
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