ISLAMABAD, Feb 24 (APP): The Supreme Court of Pakistan has dismissed as not maintainable the appeals filed by the Khyber Pakhtunkhwa government and the Provincial Ombudsperson in a case relating to ownership and distribution of property.
Justice Musarrat Hilali authored the detailed judgment, holding that when the original private parties to the dispute had chosen to remain silent, there was no justification for the government and the ombudsperson to pursue the appeal.
The Court observed that an ombudsperson functions in the capacity of a judge and cannot become a party to litigation or defend his or her own decisions before superior courts. The judgment stated that the ombudsperson is a quasi-judicial authority and cannot be considered an aggrieved party; rather, the office carries the status of an impartial adjudicator who must remain neutral.
The Court further noted that the Khyber Pakhtunkhwa government was neither an heir to the property in question nor had it suffered any personal loss as a result of the impugned decision. Therefore, it had no legal standing to file an appeal.
However, the Court clarified that the rights of the original claimants to file an appeal, if they so choose, remain unaffected.
The case involved a dispute over ownership and distribution of property between Shabbir Khan and other private parties. The Khyber Pakhtunkhwa Women Ombudsperson had earlier passed a decision under the Women Property Act, 2019. However, the Peshawar High Court set aside the ombudsperson’s ruling, declaring it to be beyond jurisdiction.
Upholding the view of the Peshawar High Court, the Supreme Court dismissed the appeals filed by the provincial government and the ombudsperson.