PESHAWAR: The Peshawar High Court has ruled that it is illegal to provide the provincial anti-harassment ombudsperson judicial authority to resolve women’s property disputes.
The Enforcement of Women’s Property Rights Act, 2019, was intended to empower the executive branch of the state to undertake a parallel court action, according to Justice Syed Arshad Ali of a single-member bench.
“This, in our humble opinion, is an excessive delegation of power and would offend the principle of trichotomy of power, which is one of the fundamental values of our constitution,” the bench stated.
Furthermore, the judges argued that all 3 of the state’s organs, the legislature, the executive, and the judiciary, are required to carry out their duties and exercise their authority within the spheres designated.
The bench decided while entertaining an appeal from Ms. Falak Shehnaz and others challenging the ombudsperson’s instructions to “attach and seal” all of the disputed property until the resolution of the main complaint on June 18, 2021.
Additionally, the bench discussed in considerable detail the various provisions of the KP Enforcement of Women’s Property Rights Act.
It also argued on whether or not the office of the Ombudsperson belonged to the judicial branch of government after courts were established under Article 175 of the Constitution and exclusively enjoyed parallel adversarial functions.
It further stated that it was high time for the provincial government to establish suitable laws to protect women’s rights while remaining within the bounds of the Constitution in cases where a woman was denied access to her property.
The court ruled that Section 4 allowed a woman who lost ownership or control of the property to complain to the ombudsman if no legal action was being taken against her for the loss of the property.
Despite a claim being pending before the appropriate court of law, Section 7 gave the Ombudsman the authority to investigate complaints on any disagreement involving a woman’s property rights, it added.
