SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Ss — 2024 CLC 953 ISLAMABAD

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SALEEM AHMED JAN VS DEPUTY COMMISSIONER, ISLAMABAD Ss. 3, 4, 5, 6, 7, 8, 9 & 11---Federal Ombudsman Institutional Reforms Act (XIV of 2013), Ss. 10 (ii) & 12---Constitution of Pakistan, Arts. 8, 9, 10A, 23, 24, 175, 199, 202, 203 & 204---Constitutional petition---Vires of law---Ombudsperson, powers of---Property rights---Petitioner was aggrieved of sale of his vehicle and removal of air conditioners by respondent authorities in execution of orders passed by Ombudsman---Validity---Ombudsman, conceptually, is a part of the Executive and is vested with authority by the Executive to review exercise of authority by executive functionaries and determine whether or not such exercise amounts to maladministration---Where an act or omission amounts to maladministration, Ombudsman makes recommendation to relevant executive authority and as a matter of propriety, policy and practice the recommendation is given effect---High Court declared that provision of Ss. 3, 4, 5, 6, 7, 8, 9 & 11 of Enforcement of Women's Property Rights Act, 2020 and Ss. 10(ii) & 12 of Federal Ombudsman Institutional Reforms Act, 2013, were ultra vires Arts. 8, 9, 10A, 23, 24, 175, 202, 203 and 204 of the Constitution and were void ab initio---When provisions were declared un-constitutional, there was nothing that remained within Enforcement of Women's Property Rights Act, 2020 that could be preserved to enable the Ombudsman to continue to discharge any useful function under Enforcement of Women's Property Rights Act, 2020, in a constitutional manner---High Court directed that all matters already decided by Ombudsman pursuant to provisions of Enforcement of Women's Property Rights Act, 2020, against which no representations were filed before the President and all matters in which representations were filed and decided, such that the matters had attained finality would be treated as past and closed transactions---High Court directed that all matters which were pending before Ombudsman pursuant to Enforcement of Women's Property Rights Act, 2020, and in which decisions of Ombudsman were challenged through representations filed before the President and which representations had not been decided, shall be returned to complainants who filed complaints before Ombudsman, while issuing notice to the contesting party; and the complainants would be free to initiate legal proceedings in relation to their complaints before courts of competent jurisdiction---High Court declared that the manner in which auction of petitioner's vehicle was undertaken by the Office of Deputy Commissioner was devoid of legal authority and stood annulled---High Court directed Office of Excise and Taxation Department to revert title of the vehicle in the name of petitioner---High Court further directed respondent / auction purchaser to return the vehicle to petitioner subject to return of amount paid as consideration for the vehicle and further paid by the Office of Deputy Commissioner to respondent / complainant---As the petitioner was in wrongful possession of property of respondent / complainant, the amount generated by auction of vehicle paid by office of Deputy Commissioner to respondent / complainant in lieu of rent for possession of respondent / complainant's property by petitioner shall be treated as a past and closed transaction on grounds of equity---High Court further directed Office of Deputy Commissioner to hand over to petitioner forthwith any other electronic devices such as air conditioners owned by petitioner and taken into possession by the Office of Deputy Commissioner pursuant to orders and directions of Ombudsman---Constitutional petition was allowed accordingly.

SALEEM AHMED JAN vs DEPUTY COMMISSIONER, ISLAMABAD Ss — 2024 CLC 953 ISLAMABAD

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