Overseas Pakistani in New Zealand Facing Threats Over Property Case in Attock—How to Report Harassment, Seek Protection, and Get Help from Authorities or Embassy?

Public Legal Queries
1

Question:

Hello, am residing in New zealand. We have got property cases pending in civil courts in attock, Punjab. The other party continuously threatening me in new zealand by sending messages through family members and to my family back in pakistan of dire consequences if we continue contesting the cases and not withdraw the cases. And planning to sieze our property by making fake documents.
As an overseas pakistani, what platforms do i have to report the threats and harassment and how can i deal the situation and what outcomes i can expect of reporting threats to authorities. Can i get any help from pakistan embassy and foreign affairs in this regard.

Answer:

Addressing your concerns as an overseas Pakistani facing threats and potential property seizure, here’s a breakdown of available platforms and legal recourses:

Reporting Threats and Harassment

  1. Punjab Overseas Pakistanis Commission:
  • You can file a complaint with the Punjab Overseas Pakistanis Commission, which is mandated to address the grievances of overseas Pakistanis, particularly related to property disputes and harassment.
  • The commission is obligated to act on complaints of overseas Pakistanis regarding fraudulent real estate transactions. Tariq Mehmood v. Punjab Overseas Pakistani Commission, PLD 2020 Lahore 49.
  • The court directed the Vice Chairperson of the Punjab Overseas Pakistani Commission to refer the matter to the Commissioner, provided that the petitioner is indeed an overseas Pakistani as defined under the Act. The Commissioner was instructed to thoroughly examine the complaint and record, hear both parties, and if a case is established against the respondents, refer it to the appropriate Government Agency as per the law.
  1. Special Court (Overseas Pakistanis Property) Act, 2024:
  • The Establishment of Special Court (Overseas Pakistanis Property) Act, 2024 has been established to address property disputes.
  • The Establishment of Special Court (Overseas Pakistanis Property) Act, 2024, Section 4 states that disputes, petitions and matters connected with overseas Pakistanis shall be heard and adjudicated exclusively by a special court.
  1. Legal Action Against Threats and Harassment:
  • You can initiate criminal proceedings against those issuing threats. Criminal intimidation is an offense punishable under the Pakistan Penal Code.
  • Consider filing an FIR (First Information Report) through a local police station, even while abroad, by authorizing a trusted representative in Pakistan. In ATTIQ UR RAHMAN Versus STATION HOUSE OFFICER, POLICE STATION UNIVERSITY CAMPUS, PESHAWAR and 4 others, 2020 PCr.LJ 1155, it was held that Section 22-A of the Criminal Procedure Code is not a substitute for regular legal procedures and should only be invoked when police fail to perform their legal duties.
  • Mst. KHATOON BIBI AND 4 OTHERS v. THE STATE AND ANOTHER, 1981 P Cr. L J 759, the court underscored the importance of preventing the abuse of legal processes for personal vendettas and harassment, and highlighted the court’s role in protecting citizens from false and malicious prosecution by quashing such proceedings.

Dealing with Potential Property Seizure Through Fake Documents

  1. Engage Legal Counsel:
  • Hire a competent lawyer in Attock to represent you in the civil courts and to investigate the potential fabrication of fake documents.
  1. Pre-emptive Legal Measures:
  • File for an injunction to prevent the other party from creating third-party interests in the property. Atiq-ur-Rehman v. Mst. Rani and others, 2010 YLR 2421, the Sindh High Court directed that the criminal proceedings lodged by both parties against each other should be stayed pending the decision of the civil suits. The Court also ordered that Atiq-ur-Rehman shall not create any third-party interest in the properties in question until the resolution of the civil suits.
  • Muhammad Azam v. The State and 2 others, 2005 P Cr. L J 906, underscores the importance of adhering to the procedural requirements of the Criminal Procedure Code when dealing with non-cognizable offenses. It clarifies that for non-cognizable offenses, police require prior permission from a Magistrate to investigate and obtain a warrant for arrest.
  1. Challenging Forged Documents:
  • If forged documents are used to claim your property, challenge their validity in court.
  • In Sultan Hassan Khan and 2 others versus Mst. Nasim Jahan and 17 others, 1994 SCMR 150, the Supreme Court held that questions of fraud and forgery cannot be decided by departmental authorities and fall within the jurisdiction of the Civil Court unless specifically barred by law.
  • The court in Abdul Aziz v. Muhammad Ashiq, 1991 CLC 820, held that the presumption of correctness of the registered documents loses its sanctity when the executant denies its execution.

Assistance from Pakistan Embassy and Foreign Affairs

  1. Pakistan Embassy: Contact the Pakistan Embassy in New Zealand
  • Consular Assistance: The embassy can provide consular assistance, including guidance on legal matters in Pakistan, and can liaise with Pakistani authorities on your behalf..
  • Document Verification: They can assist in verifying documents, providing affidavits, and notarizing documents needed for legal proceedings in Pakistan.
  1. Ministry of Foreign Affairs:
  • Coordination: The Ministry of Foreign Affairs in Pakistan can coordinate with the embassy to ensure your concerns are addressed by the relevant authorities in Pakistan.
  • Legal Guidance: They may provide information on legal resources or connect you with the appropriate departments to handle your case.

Outcomes of Reporting to Authorities

  1. Investigation of Threats:
  • Police investigation into the threats, which may lead to the registration of a criminal case against the perpetrators.
  1. Protection Against Property Seizure:
  • Court injunctions can prevent the illegal transfer or seizure of your property.
  • If the property is seized illegally, the court can order its restitution.
  1. Legal Recourse Against Fraud:
  • If forgery is proven, the individuals involved can be prosecuted under the Pakistan Penal Code.
  • The court can declare the forged documents invalid, ensuring your property rights are protected.

Additional Considerations

  • Documentation: Gather all relevant documents, including property records, communication records of the threats, and any evidence of the ongoing civil cases. * Coordination: Maintain close coordination between your legal counsel in Pakistan and the Pakistan Embassy in New Zealand. * Stay Informed: Keep yourself updated on the progress of your cases and any legal developments in Pakistan that may affect your situation.

By leveraging these platforms and taking proactive legal measures, you can effectively address the threats and protect your property rights as an overseas Pakistani.

Conclusion:
As an overseas Pakistani facing threats and potential property seizure, it is crucial to utilize the available legal and institutional platforms. Reporting the threats to the Punjab Overseas Pakistanis Commission and local law enforcement can initiate investigations and provide protection. Engaging legal counsel in Pakistan is essential for navigating the civil courts and challenging any fraudulent activities related to your property. Additionally, contacting the Pakistan Embassy in New Zealand and the Ministry of Foreign Affairs can provide valuable consular assistance and coordination with Pakistani authorities. By taking these proactive steps, you can effectively address the threats, protect your property rights, and seek justice through the appropriate legal channels.