PESHAWAR: A lawyer has formally requested the Peshawar High Court’s Member Inspection Team (MIT) to ensure the implementation of the KP Enforcement of Women’s Property Rights Act, 2019, by the awareness of the civil judges of the powers assigned to the anti-harassment ombudsperson under the law.

Advocate Saifullah Muhib Kakakhel has sent an application to the MIT under the National Judicial Policy, 2009, saying in two cases pleaded by him about the women’s right to inheritance, the relevant civil judges declined to follow the orders issued by the ombudsperson.

He requested the MIT to short out the matter between thecivil court and ombudsperson and seek explanation from the civil judges, who have become a hurdle to the dispensation of justice to the women denied movable and immovable properties by the families.

Lawyer complains civil judges didn’t follow ombudsperson orders in two cases

The applicant also called for a training programme in the Khyber Pakhtunkhwa Judicial Academy for lawyers, judges and deputy commissioners on the KP Enforcement of Women’s Property Rights Act, 2019, to the relief of women seeking property rights.

He said he had submitted number of cases before the ombudsperson, who had the powers or jurisdiction under the said law to hear cases of women’s property ownership rights.

The applicant added that the ombudsperson had the powers to suspend/ terminate/ held in abeyance the proceedings before a civil judge/civil court and decide the matter by herself or himself.

He said that in two cases he had got suspension order from the ombudsperson but the same were not complied with by the concerned civil judges.

Saifullah said that the civil judges had not been cooperating with the authority which was specifically formed to decide cases of women ownership rights including movable and immovable properties.

He claimed that after suspension/termination orders of proceedings before the civil judge by the ombudsperson, the same were produced before the court and he tried to assist the civil judges but instead of following the law passed by the KP Assembly, they had not stopped the proceedings and had asked for reply from the other party and continued the proceedings.

The applicant said that the procedure of ombudsperson was very short and cases could be decided within 60 days as the legislature had given vast powers to the ombudsperson and the revenue authorities were also subordinate to it.

Under the KP Women Ownership Rights Act, 2019, vast powers have been given to the office of ombudsperson set up under the Protection against Harassment of Women at Workplace Act, 2010, and its jurisdiction has been extended to all parts of the province, including the erstwhile Fata and Pata.

The ombudsperson has also powers to enforce its decision under this law through the state machinery and all the authorities are bound to obey its orders.

Under Section 7 of the Act, where proceedings in a court of law are pending in relation to the ownership or possession of any property claimed to be owned by a woman, the woman may file a complaint to the ombudsperson.

Published in Dawn, January 9th, 2021