ISLAMABAD:
The Federal Constitutional Court (FCC) has established comprehensive guidelines for all civil and tax courts dealing with cases affecting the personal, property or inheritance rights of minors, instructing judges to exercise enhanced judicial review and ensure strict adherence to legal safeguards before issuing an order that may affect the interests of a minor.
A 20-page judgment authored by FCC Chief Justice Aminuddin Khan, while hearing a case on protection of interests of minors, noted that the protection of property rights of minors was not only a constitutional and statutory obligation but also a fundamental commandment in Islamic jurisprudence.
It noted that the Constitution itself mandated that all laws should be brought in line with the Islamic injunctions and courts while interpreting laws relating to the rights of minors should remain mindful of these fundamental principles.
“The Holy Qur’an repeatedly enjoins the faithful to protect the property of minors, especially orphans, and strictly condemns any form of misappropriation, exploitation or unlawful deprivation,” the judgment reads.
A three-member bench, headed by CJ Aminuddin Khan, ruled that at the earliest stage of the proceedings, the courts must determine whether a party is a minor and ensure strict compliance with all mandatory statutory provisions.
“A legal guardian shall be appointed strictly in accordance with Order XXXII, Rule 3, CPC, after satisfying the court that the proposed guardian has no adverse interest to that of the minor.”
The judgment states that no compromise, admission, concession, relinquishment or consent affecting the rights or property of a minor shall be accepted unless the court is satisfied, for reasons to be proved, that it is lawful, demonstrably in the best interests of the minor and that the requirements of Order XXXII, Rule 7 of the (CPC Provil) Code have been fully complied with.
The court further held that where a compromise involves the assignment, relinquishment or alienation of a minor’s property or inheritance rights, the court must also ensure compliance with the Guardians and Wards Act, 1890, and obtain prior permission from the competent Guardian Court where required by law.
“If a compromise is entered into by or on behalf of an illiterate, parda nasheen or otherwise vulnerable person representing a minor, the court shall subject the transaction to heightened judicial scrutiny before approving it.”
The FCC also ruled that courts must remain vigilant to ensure that no conflict of interest exists between a guardian and the minor and, if necessary, appoint another appropriate guardian in accordance with the law.
“Cases affecting the property or inheritance rights of minors shall not be disposed of in undue haste, and any order affecting such rights shall reflect the Court’s independent consideration of the welfare and best interests of the minor.”
