Expat children of late jurist: Court suspends district govt orders on property dispute

LAHORE: In light of a Supreme Court judgement protecting the rights of the overseas Pakistanis, the Lahore High Court has suspended two orders of the district government concerning a property dispute among overseas children of renowned jurist Dr Farooq Hassan.

After the death of Dr Hassan, her daughters based in the United States came to Pakistan to transfer his property at Temple Road, Lahore, but their younger brother filed a ‘false’ application to Punjab Overseas Commission in which the assistant commissioner passed the impugned orders sealing the property.

A counsel for Mehreen Farooq Hassan and other petitioners submitted that the matter is purely of civil nature which cannot be resolved by an executive body in light of the law developed by the courts from time to time.

He explained that civil litigation is already pending adjudication before the competent forum of law, therefore, the district government have no jurisdiction to deal with the matter. He argued that the petitioners are overseas Pakistanis whose valuable rights over the property in question are involved and the court has already strengthened the rights of overseas Pakistanis in its various judgments.

The counsel said if interim relief is not granted then valuable property rights of the petitioners will be badly infringed.

A counsel for the respondent brother contended that the issue relates to a property on which the respondent is also claiming ownership rights. He said the respondent is also an overseas Pakistani and has approached the concerned authorities, including the Overseas Pakistani Commission, but without any success.

He admitted the fact of pendency of civil litigation before the competent court of law and sought some time to place on record certain necessary documents to clarify the position of his client with regard to the property in question.

Justice Jawad Hassan observed that rights of both the parties over the property in question are involved for which civil litigation is already pending and also there are clear-cut verdicts of this court as well as the Supreme Court, protecting rights of overseas Pakistanis.

Therefore, the judge suspended the impugned orders till the next date of hearing which was adjourned till May 9. The judge also directed the counsel for the parties to submit their written arguments.

Published in Dawn, April 7th, 2023