ISLAMABAD: Pakistan’s parliament has passed the Establishment of Special Court (Overseas Pakistanis Property) Act, 2024, marking a historic moment in the protection of property rights for overseas Pakistanis.
This landmark legislation establishes special courts designed to ensure swift adjudication of property disputes involving Pakistani nationals living abroad.
The bill, introduced by Federal Minister for Overseas Pakistanis and Human Resource Development Chaudhry Salik Hussain, was passed by both the Senate and National Assembly this week.
The new law mandates that cases filed under the special court must be resolved within 90 days, reflecting a commitment to expediting justice for overseas Pakistanis who have long faced delays in property-related cases.
What the Act means for Overseas Pakistanis
The Special Court (Overseas Pakistanis Property) Act is a critical development for millions of overseas Pakistanis, offering a streamlined legal process to resolve disputes over property ownership, possession, and other property matters.
According to Minister Salik Hussain, the legislation was crafted in response to persistent demands from Pakistanis living abroad. It aims to facilitate secure and efficient land purchases through an online system, making the entire process more transparent and accessible.
The minister says this law will relieve overseas Pakistanis of the burden of traveling to Pakistan for property matters, saving them time and costs.
How the Special Courts will function
These special courts will be established across Pakistan after consultation with the Chief Justice of the Islamabad High Court. Judges in these courts will hold the same powers as district court judges, hearing cases related to immovable property disputes.
Under the provisions of the new law:
- Overseas Pakistanis can file petitions electronically, using e-filing platforms.
- Evidence can be presented via video links or other legally recognised digital modes, ensuring the convenience of remote participation.
- If a respondent fails to appear after two notices, the court will proceed with the case in their absence.
- No more than two opportunities will be given to present evidence in these cases, reducing the chances of unnecessary delays.
The act also mandates that the respondent cannot transfer the disputed property until a verdict is reached. This measure aims to safeguard the property in question during the trial process.
When will the Special Courts be operational?
The establishment of the courts is expected soon, following consultations with the Islamabad High Court. Once operational, they will be required to deliver judgments within 90 days of receiving a case. If either party is dissatisfied with the ruling, they can appeal to the high court, which must resolve the appeal within a similar 90-day window.
Why the Act is significant for Overseas Pakistanis
Senator Danish Kumar emphasised that the law will have a substantial impact, as many overseas Pakistanis have struggled with legal property issues, often involving extended delays and travel expenses.
Other prominent figures, including Leader of the House Senator Syed Ali Zafar and Senator Irfanul Haq Siddiqui, praised the bill's timely introduction. Zafar hailed it as a positive step forward in securing the rights of overseas Pakistanis, while Siddiqui confirmed the bill had already been reviewed and approved by the relevant committee.