The judgment emphasizes that the appointed guardian must have no personal interest in the outcome of the case.
ISLAMABAD:
The Federal Constitutional Court has ruled that the protection of the rights of minors is a fundamental duty of the judiciary and declares that no decision or settlement in any case involving a minor party will be legally valid without the appointment of an impartial guardian and a thorough judicial review.
In a landmark judgment regarding the protection of the rights of minors, the Court held that in any legal proceeding in which a minor is a party, the appointment of a legal guardian (an impartial guardian of the proceedings) is mandatory.
Furthermore, all settlements reached in cases involving minors, elderly or purdah-nashin (secluded) women must be subject to strict judicial oversight.
The Court’s decision provides that the presiding judge, when initiating any civil or tax case, must first determine whether any of the parties involved are minors. If a minor is identified, the case cannot be adjudicated until the protection of their legal rights is fully guaranteed.
The judgment emphasizes that the appointed guardian must not have any personal interest in the outcome of the case, which ensures that the interests of the minor remain in focus.
In addition, the Court warned against unnecessary haste in property disputes involving minors and insisted that the “best interests of the child” must be prioritized at all stages of the proceedings. To ensure strict compliance, the FCC has ordered that copies of this judgment be circulated to all civil and tax courts throughout the country.
