Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Overseas Pakistan Commission Act, 2014

Section: 2(g)

Constitution of Pakistan, 1973-- ----Art. 199--Punjab Overseas Pakistan Commission Act, 2014 ("The Act") S. 2(g)--Oversea Pakistani--Execution of agreement with respect of immoveable properties--Filling of complaint before overseas Pakistani Commissioner--Issuance of letter--Jurisdiction--Challenge to--Jurisdiction of Act is limited to Government Agencies and complaints that its seeks to deal with are only those which relate to maladministration and corruption in said Agencies--It does not extend to disputes between individuals--They are to be resolved by Courts in ordinary course through due process of law--Respondent No.1 and Petitioner and no Government Agency within meaning of clause (g) of Section 2 of Act is involved--Therefore, none of bodies set up under Act can exercise jurisdiction in matter and Respondent No.3 was not competent to issue impugned letter--Respondent No.5 cannot by-pass ordinary course prescribed by law--Impugned letter is declared to have been issued without lawful authority and illegal--However, Respondent No. 5 would be at liberty to pursue his remedies against Petitioner in accordance with law. Punjab Overseas Pakistani Commission Act, 2014-- ----S. 2(g)--Establishment of Overseas Pakistanis Commission--Purpose of--Purpose of Act is to provide a swift mechanism to redress complaints of overseas Pakistanis pertaining to "Government Agency" and to promote an environment which could provide them en incentive to invest in Punjab. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.---- This constitutional petition assails the vires of Letter No.39-OPC-GAR dated 16-5-2016 issued by Respondent No.3 to Respondent No.4 (C.P.O. Multan). 2. Brief facts of the case are that Respondent No.5 is an overseas Pakistani who is employed in Qatar. On 15.8.2015 he made Complaint No.1576 to the Punjab Overseas Pakistanis Commissioner (the "Commissioner") against the Petitioner alleging that he had executed an agreement with him in respect of three immoveable properties situated in various parts of District Multan and had then fraudulently sold them to third parties. The complaint was referred to the District Overseas Pakistanis Committee, Multan (the…

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