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PESHAWAR:
The Peshawar High Court (PHC) has declared more than 80 decisions issued by the Provincial Women’s Ombudsperson under the Khyber-Pakhtunkhwa Women’s Inheritance Protection Act invalid.
According to the court ruling, the ombudsperson is not authorized to adjudicate complex property disputes, which fall within the jurisdiction of civil courts.
The 90-page written judgment was authored by Justice Muhammad Naeem Anwar. The court heard appeals against multiple orders by the provincial ombudsperson regarding the distribution of disputed property. The court clarified that the ombudsperson’s powers are limited and cannot override questions of ownership, which are under the purview of civil courts.
The judgment noted that the powers exercised by the ombudsperson in these cases exceeded jurisdiction and violated several existing laws. The Khyber-Pakhtunkhwa Enforcement of Women Property Rights Act, 2019, does not authorize the ombudsperson to order property distribution at any stage. Moreover, the procedures followed and orders issued in these cases conflicted with provisions of the Land Revenue Act, 1967.
