Special court established to fast-track property cases for overseas Pakistanis

In a landmark move aimed at safeguarding the property rights of citizens living abroad, Pakistan has established a new legal framework that includes a dedicated court to resolve land and property disputes for expatriates.

The recently enacted Special Court for Overseas Pakistanis Property Act, 2024, formally signed by the President, mandates the adjudication of such cases within 90 days, offering overseas Pakistanis timely justice and greater transparency.

Federal Minister for Overseas Pakistanis Chaudhry Salik Hussain called the law a much-needed measure to protect expatriate assets, emphasizing the economic contributions made by Pakistanis abroad. “Overseas Pakistanis are a valuable asset for the country,” he said, “and they contribute significantly through remittances. This law aims to provide them with immediate relief in property-related matters.”

Many overseas Pakistanis have long struggled to secure their properties due to fraud or unlawful possession.

Under the new law, a District Judge or an Additional District Judge will preside over the special court, with the goal of ensuring an expedited process. Respondents will be allowed only two opportunities to submit evidence; failure to do so may result in ex parte decisions, streamlining case resolution. Additionally, the Islamabad High Court (IHC) will be required to resolve any appeals within 90 days. If a respondent repeatedly fails to appear, the court may issue decisions in their absence.

One key feature of the new court is its ability to conduct proceedings via video link, allowing overseas Pakistanis to participate remotely. The court will publish a cause list and judgments online, making case tracking more accessible.

According to the act, an “overseas Pakistani” is defined as any individual holding a Pakistani passport, CNIC, NICOP, POC, or OPF membership card who has lived, worked, or studied abroad for more than 182 days in a tax year. This broad definition aims to cover a range of Pakistanis engaged overseas, whether temporarily or permanently.

Setting up special courts and filing petitions

The Federal Government, in coordination with the Chief Justice of the Islamabad High Court, may establish additional special courts in Islamabad to handle cases as necessary. Judges appointed to these courts will have the authority and jurisdiction equivalent to district judges, and may include district or additional district judges, or advocates with at least ten years of experience.

To file a petition, an overseas Pakistani must submit a clear statement detailing ownership status, any unlawful possession or control of the property, estimated market value, and any profits or rent gained unlawfully. The IHC will also create rules for e-filing, responses, and hearings, allowing parties to present evidence electronically.

Notices and consequences

The special court will issue respondent notices within 10 days, served by process server or by affixing a copy at the respondent's property or residence. Notices may also be sent via mobile, phone, fax, urgent mail, public announcements, or publication in the press. Failure of the respondent to appear after two notices allows the court to proceed with the case ex parte.

Evidence and judgments

The special court will set fixed dates for evidence submission, permitting only two extensions per party to produce evidence. If requested, overseas Pakistanis can join proceedings via video link, further ensuring accessibility. The court aims to pass judgments within 90 days, granting minimal adjournments – typically no more than seven days.

Appeal and execution

Parties aggrieved by a judgment may file an appeal with the IHC within 15 days, with the court required to resolve the appeal within 90 days. Stay orders on the execution of judgments will automatically lapse after two months. The special court will initiate execution proceedings without requiring a separate application, and may enlist police or other law enforcement agencies to enforce its orders.

Legal experts on the new law

Legal experts have praised the legislation, calling it an essential safeguard for overseas Pakistanis who often encounter challenges in protecting their property investments due to distance and the protracted nature of court proceedings in Pakistan. Supreme Court Advocate Sardar Taimoor Aslam observed, “Eighty percent of cases involving overseas Pakistanis relate to disputes over property ownership, illegal transfers, or possession of property,” which are often difficult to resolve from abroad.

Imran Shafiq, a senior attorney who has handled numerous cases for overseas Pakistanis, while speaking to Nukta, emphasized the importance of the new court in securing the investments and trust of expatriates.

“It was almost impossible for overseas Pakistanis to manage lengthy court battles through lawyers from a distance,” he said. “This law not only encourages investment but also strengthens trust in Pakistan’s judicial system, reducing exploitation by land mafias and fraudulent agents.”

The Special Court for Overseas Pakistanis Property Act, 2024, thus marks a significant step in providing a streamlined legal pathway for overseas Pakistanis to protect their property interests, restoring confidence in the country's ability to secure the assets of its expatriate community.