ISLAMABAD:Supreme Court (SC) while announcing important decision on Wafaqi Mohtasib powers has maintained Mohtasib is not empowered to give final decision in complicated property disputes.
The court remarked the disputed matters of ownership and inheritance will be settled in civil courts.
Justice Ayesha Malik wrote 8-page decision.
The SC converted civil petitions related to women property into appeals and approved them.
The court declared null and void the Peshawar High Court (PHC) and Mohtasib decisions regarding property rights of women.
The court while ordering to send the matter of disputed property to civil court of competent jurisdiction said Mohtasib should file complaint and all relevant record in the court of Civil judge Bara. Civil court should issue notice to the respondents to appear within 15 days.
It was said in the decision that act-2019 provides important legal protection for safety of ownership rights of women. However the decision regarding complicated legal and facts based disputes is possible only after recording evidence.
The powers of mohtasib are restricted to clear owner ship rights and restoration of possession.
The SC directed the civil court to wrap up case within appropriate period.