In a significant legal development, the Supreme Court of Pakistan on Tuesday dismissed the appeals lodged by the Khyber Pakhtunkhwa (KP) government and the provincial ombudsman concerning a contentious property ownership and distribution dispute. The apex court ruled that both the government and the ombudsman lacked the necessary legal standing to challenge the earlier verdict, thereby upholding the decision of the Peshawar High Court which had invalidated the ombudsman’s ruling.
Justice Musarrat Hilali, presiding over the case, clarified that the appeals were inadmissible because the government and the ombudsman were not direct parties to the dispute. She emphasized that when the private parties involved in the case remain silent or do not contest a matter, neither the provincial government nor the ombudsman can step in to file an appeal. This ruling underscores the principle that only those with a direct interest or affected rights can seek legal recourse in such matters.
The court further elaborated on the role of the ombudsman, describing it as a quasi-judicial institution that must maintain impartiality and neutrality. Acting in a judicial capacity, the ombudsman does not hold the status of a party in the dispute and therefore cannot defend its decisions in higher courts. This distinction is crucial in preserving the ombudsman’s independence and ensuring that it functions as an unbiased adjudicator rather than an advocate for any side.
Additionally, the Supreme Court pointed out that the KP government neither possessed ownership rights over the contested property nor had it suffered any direct loss as a result of the ombudsman’s decision. Consequently, the government lacked the legal grounds to initiate an appeal. The court reassured that the rights of the actual claimants involved in the property dispute remain intact and that they retain the option to pursue further legal remedies if they choose to do so.
The case originated from a dispute involving Shabbir Khan and other private individuals over the ownership and distribution of certain property. Initially, the KP Women’s Ombudsman had issued a decision under the Women Property Rights Act of 2019, which aimed to protect and enforce women’s property rights in the province. However, the Peshawar High Court later annulled this decision on the basis that the ombudsman had exceeded its jurisdictional authority in the matter.
This ruling by the Supreme Court not only reinforces the limits of the ombudsman’s powers but also highlights the judiciary’s commitment to upholding procedural propriety and the rule of law in property disputes. It serves as a reminder that government entities and quasi-judicial bodies must operate within their defined legal boundaries and cannot intervene arbitrarily in private disputes.
