Historical Background


Article 3 of the Constitution of Islamic Republic of Pakistan, 1973 requires the State to eliminate all forms of exploitation while Article 4 of the Constitution provides that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. Expatriate Pakistanis are as much citizens of Pakistan as any other citizen residing in the country. The emigrants from Pakistan significantly contribute in the economic growth of Pakistan by transmitting massive amounts to Pakistan which is a substantial source of foreign exchange back to Pakistan.

There were hardly any provisions to alleviate Overseas Pakistanis of the tangible apprehensions, miseries and agonies lurking in their hearts and minds essentially relating to and arising from their properties in Pakistan. By taking notice of the plight of Overseas Pakistanis who were at disadvantage to look after/ safe guard their rights in their home-land, in January 2014, Hon’ble Chief Justice of Pakistan, Mr. Justice Tassaduq Hussain Jillani, as he then was, had established and inaugurated “Expatriate Pakistanis complaint Wing” in the Human Rights Cell of the august supreme Court of Pakistan to facilitate the overseas Pakistanis regarding their pending litigations.

Later on, during its meeting held on 13 May 2017, the National Judicial Policy Making Committee (NJPMC) chaired by Mr. Justice Mian Saqib Nisar, the then Hon’ble Chief Justice of Pakistan/Chairman, Law and Justice Commission of Pakistan (LJCP)/Governing Body, AJDF/NJPMC, deliberated upon the grievance of overseas Pakistanis and ordered that Cells to address the grievances of overseas Pakistanis will be created in the Supreme Court of Pakistan and all the High Courts to receive the complaints of the overseas Pakistanis. Hon’ble Chief Justice also directed that this arrangement may be widely publicized in print and electronic media for general information. As per the directions of National Judicial Policy Making Committee, special Cells for addressing grievances of Overseas Pakistanis, were established in all the High Courts including this Court and, in this regard, a Public Notice was also issued by Law and Justice Commission of Pakistan containing the details of all the Cells.   

 

Earlier, in year 2016, "Sahulat Centre/Information KIOSK" were establish in each District by the then Hon’ble Chief Justice Mr. Justice Syed Mansoor Ali Shah, to provide speedy information to the litigants including the Overseas Pakistanis. Cases of Overseas Pakistanis were marked to special judges and time line was fixed for their speedy disposal.

In year 2019, Overseas Pakistanis’ Cell of Lahore High Court was established vide Notification No. 212-A/HR-I, dated 28-06-2019 with the objectives of ensuring the speedy disposal of their cases, to provide them speedy and accurate information regarding their pending cases and redressing any other their grievances addressed to this Cell with respect to their cases. It was formally inaugurated by the Hon’ble Chief Justice Mr. Justice Sardar Muhammad Shamim Khan, as he then was. Special Benches were also constituted to deal with the cases of Expatriate Pakistanis.