25/01/2026
In a significant 90-page judgment released in December 2024 (formally detailed in early 2025), the Peshawar High Court (PHC), led by Justice Mohammad Naeem Anwar, established clear parameters for the jurisdiction of the KP Ombudsperson.
The court set aside over 80 decisions made by the Ombudsperson, ruling that the office had exceeded its legal authority under the Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019.
The fixed parameters and limitations are as follows:
1. Summary vs. Exclusive Jurisdiction
Summary Jurisdiction Only: The Ombudsperson’s jurisdiction is "summary and limited." It is intended for swift, preliminary protection rather than long-term legal adjudication.
Civil Court Exclusivity: Intricate factual controversies and disputed questions of ownership fall within the exclusive jurisdiction of civil courts. The Ombudsperson cannot substitute for a civil court.
2. Nature of the Dispute
Complex Disputes: The Ombudsperson has no inherent jurisdiction to resolve disputed titles, complex property rights, or issues requiring detailed evidence (such as the examination of witnesses, demarcation, or partition).
No Final Ownership Rulings: The court ruled that the Ombudsperson cannot give a final ruling on ownership rights or distribute disputed property.
3. Procedural Constraints
Pending Litigation: Under Section 4 of the Act, the Ombudsperson may only exercise jurisdiction if no proceedings are already pending in a court regarding the property.
Mandatory Referral (Section 6): If a matter requires in-depth investigation or "intricate adjudication," the Ombudsperson is legally bound to refer the matter to a civil court along with all relevant material.
Prohibition on Halting Court Proceedings: The Ombudsperson does not have the authority to halt judicial proceedings already underway in other courts.
4. Administrative vs. Judicial Role
Executive Limb: The PHC reaffirmed that the office of the Ombudsperson falls within the executive limb of the state. While it performs "quasi-judicial" functions, it cannot exercise "parallel adversarial functions" that are reserved for the judiciary under Article 175 of the Constitution.
Preliminary Assessment: The Ombudsperson’s role is limited to conducting preliminary assessments and, if necessary, directing a Deputy Commissioner to hold a summary inquiry—but only if a detailed probe is not required.
copied Syed Pervaiz
