Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court of Pakistan has ruled that a conflict over land grabbing does not end with the death of the accused, ordering the Peshawar High Court to re-examine the case in accordance with law.
According to the detailed judgment officially approved by the court, the Supreme Court has partially set aside the decision of the Abbottabad Peshawar High Court dated March 21, 2022 and ordered a fresh examination of the issue of restoration of possession of the disputed land.
Justice Ahsan Ishtiaq Ibrahim wrote the judgment on behalf of the three judges, observing that illegal occupation of land is a matter that does not end in a criminal conviction, as its civil consequences endure. Thus, even after the death of the accused, the appeal regarding restitution of possession remains admissible.
The complainant, advocate Muhammad Khurshid Khan, had filed a complaint under the Unlawful Dispossession Act, 2005, alleging illegal occupation of his 11-marla property. In 2015, the trial court sentenced the accused, Dost Muhammad Khan, to three years in prison, but released him on probation due to his age and health condition, while ordering him to return possession of the land within a month. Four co-accused were acquitted.
While the appeal was pending, Dost Muhammad Khan died, resulting in the appeal against the prison sentence being automatically dropped. However, the Supreme Court ruled that the issue of restitution of possession remains live under the law and cannot be ignored.
The Supreme Court noted that the 2005 Act is a special law which provides landowners with immediate protection and an effective mechanism to recover possession.
