A Statute Rescued
Beneficial laws often fail not because their purpose is weak, but because their first interpretation is timid. The Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025, passed by the Provincial Assembly on 20 January last year, was conceived as a focused remedy for a community whose property is too often the easiest to seize and the hardest to recover. Within months of the Special Courts becoming functional in November 2025, however, avoidable confusion threatened to defeat that very purpose. Were these courts meant only for cases of admitted ownership and physical dispossession, or for the broader spectrum of property disputes that overseas Pakistanis actually face?
The Lahore High Court's recent judgment in Muhammad Mudassar Iqbal v. Lake City Holdings (Pvt.) Ltd. and connected petitions has answered that question with welcome clarity. But the more interesting story is what the judgment quietly reveals about how we draft beneficial statutes in this country.
The cases before the Court were not exotic. A buyer seeking specific performance against a housing scheme. Brothers seeking cancellation of a power of attorney executed by their late father. Heirs disputing a transfer letter issued on the strength of a hibanama. In each, the Special Court had declined jurisdiction on the reasoning that the Act was meant only to "secure and protect" existing ownership and possession, language drawn........
