| Citation(s) |
|---|
| 2020 SLG 104 2020 SLD 104 2020 PLD 49 |
Lahore High Court
Writ Petition No. 50962 of 2019, decision Dated: 18-09-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Muhammad Habib Chaudhry
Writ Petition No. 50962 of 2019, decision Dated: 18-09-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Muhammad Habib Chaudhry
TARIQ MEHMOOD
VS
PUNJAB OVERSEAS PAKISTANI COMMISSION AND 2 OTHERS
Law: Punjab Overseas Pakistan Commission Act, 2014
Section: 2(i),3,4,7,7(2)
Law: Constitution of Pakistan, 1973
Section: 4,5(2),23,24,199(1)(a)(i),260
Punjab Overseas Pakistanis Commission Act (XX of 2014)-- ----Ss. 2(i), 3, 4 & 7---Constitution of Pakistan, Arts. 4, 5(2), 23, 24 & 260---Overseas Pakistani---Fraud in real estate---Fictitious sale deed---Complaint before Vice Chairperson of Punjab Overseas Pakistanis Commission ('the Commission') provided the petitioner/complainant was an overseas Pakistani as defined under S.2(i) of the Punjab Overseas Pakistanis Commission Act, 2014 ('the Act'), then being a citizen of Pakistan he had inalienable rights defined under Art. 23 & 24 of the Constitution i.e. right to acquire, hold and dispose of the property and its protection---Article 4 of the Constitution clearly provided that it was the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan, to enjoy the protection of law and to be treated in accordance with law and no action detrimental to the life, liberty, body, reputation or property of any person was to be taken except in accordance with law---Said Article clearly protected the citizens of Pakistan defined under Art.260 of the Constitution whether inside or outside Pakistan (wherever they may be)---Further Art.5(2) of the Constitution stated that obedience to the Constitution and law was the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan---Petitioner through present constitutional petition had only sought direction against the Vice Chairman of the Commission to do what he was required by law to do---Section 7 of the Act empowered the Commissioner to transmit the complaint (of an overseas Pakistani) to a Government Agency---High Court directed that if the petitioner was an overseas Pakistani as defined under the Act, the Vice Chairperson shall refer the matter to the Commissioner of the Commission, who shall enquire/examine the complaint and the record in detail, and then after hearing both the parties, if a case was made out against those who provided the fictitious sale deed, the same shall be referred to the concerned Government Agency as per the Act/law, and grievance of petitioner shall be redressed within…
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