Category Articles
Pioneering Efforts of the Lahore High Court Take Root: New Law Establishes Special Courts for Overseas Pakistanis
Ch. Imran Hassan Ali, ASC
In a significant legal development, Pakistan’s parliament has recently passed the Special Court (Overseas Pakistanis Property) Act, 2024, marking a major step in safeguarding the interests of overseas Pakistanis. This new law establishes Special Courts within the Islamabad Capital Territory (ICT) to address property disputes involving Pakistanis living abroad, who play a crucial role in the country’s economy. The initiative follows the Lahore High Court’s successful establishment of the Overseas Pakistanis Cell in 2019, a move that has since been widely praised for its effectiveness in streamlining the legal process for this group.
The new law aims to address the unique challenges faced by overseas Pakistanis, who often struggle to attend court proceedings and pursue legal action from abroad. Under the legislation, they can now file petitions, submit responses, attend hearings, and record evidence remotely, via electronic means, ensuring they have equal access to legal recourse as those residing in Pakistan. Additionally, the law mandates that cases be decided within 90 days, and imposes a stringent condition: the respondent can only defend themselves in court if the Special Court grants them leave to do so.
The Lahore High Court has played a pivotal role in addressing issues related to overseas Pakistanis since 2019. After launching the Overseas Pakistanis Cell, the court established Special Benches to expedite the resolution of pending cases involving overseas nationals. Mr. Justice Mansoor Ali Shah, who was the Chief Justice of the Lahore High Court at the time, took a personal interest in resolving these issues, convening meetings with stakeholders to identify challenges and seek solutions. This effort led to several key rulings, including the Tanveer Chishti vs. City Police Officer and others judgment reported at PLD 2020 Lahore 453, which set crucial precedent to protect the rights of overseas Pakistanis. In that landmark decision, the Honourable Mr. Justice Jawad Hassan emphasized that overseas Pakistanis are entitled to the same legal protections as residents, in line with Article 4 of the Constitution of Pakistan. He underlined that “Overseas Pakistanis, no matter wherever they may be, are subject to the same protection of law as every other Pakistani without any discrimination.” The judgment in Tanveer Chishti can be dowloaded from the Lahore High Court website by cliking here.
The Lahore High Court’s efforts have been recognized at the highest levels, including by the Supreme Court of Pakistan. In the case of Haji Muhammad Younis etc. v. Mst. Farrukh Sultan and others (2022 SCMR 1282), the Supreme Court lauded the Lahore High Court’s initiatives and expressed the hope that other provinces and the Islamabad Capital Territory would follow suit. Mr. Justice Yahya Afridi, in his ruling, acknowledged that overseas Pakistanis form a distinct class, and thus, should receive special legal protections based on this intelligible differentia.
With the introduction of the new law for the Islamabad Capital Territory, the pioneering efforts of the Lahore High Court are set to take root.