Law: Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019

Section: 4–7,8

Law: Constitution of Pakistan, 1973

Section: 199

Summary The Supreme Court of Pakistan dismissed a Civil Petition for Leave to Appeal filed by the Government of Khyber Pakhtunkhwa and its Ombudsperson against a Peshawar High Court judgment that set aside the Ombudsperson's order under the Khyber Pakhtunkhwa Enforcement of Women Property Act, 2019. The Court held that the petitioners lacked locus standi, as they were not aggrieved parties—the dispute involved private civil claims outside the Ombudsperson's jurisdiction, and quasi-judicial bodies like the Ombudsperson cannot challenge higher court interpretations of their powers to maintain neutrality. Private parties' petitions remain unaffected. Core Points Narrow issue limited to petitioners' locus standi; merits of the case not examined. High Court interpreted Ombudsperson's jurisdiction under the Act, ruling that disputes involving title, partition, or civil claims pending in courts fall outside its scope. Ombudsperson, as a neutral quasi-judicial authority, lacks standing to challenge adverse judicial orders setting aside its decisions. Government not aggrieved, as no statutory provisions invalidated or rights prejudiced. Proforma respondents (petitioners here) gain no substantive right to appeal merely from procedural joinder. Right to appeal is statutory; requires objective legal injury, not mere dissatisfaction. Judgment attains finality absent appeal by directly affected private parties. Law and Section Law/Act Relevant Sections Key Interpretation/Context Khyber Pakhtunkhwa Enforcement of Women Property Act, 2019 Sections 4–7 Define Ombudsperson's jurisdiction; excludes disputed title, partition, civil claims, or matters needing detailed probe if pending in courts. Khyber Pakhtunkhwa Enforcement of Women Property Act, 2019 Section 8 Provides statutory appeal remedy; High Court converted writ petition into FAO under this. Constitution of Pakistan, 1973 Article 199 Basis for original writ petition challenging Ombudsperson's order. Wafaqi Mohtasib Secretariat, Islamabad v. SNGPL (PLD 2020 SC 586) - Ombudsman lacks standing to challenge court orders curtailing its jurisdiction to preserve neutrality. JUDGMENT…