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 protecting the rights of minors is a fundamental duty of the judiciary, stating that no decision or settlement in any matter involving a minor party will be legally valid without the appointment of an impartial guardian and thorough judicial review.
In a landmark ruling regarding the protection of the rights of minors, the Court established that in any legal proceeding in which a minor is a party, the appointment of a guardian ad litem (an impartial guardian for the dispute) is mandatory.
Furthermore, all settlements reached in cases involving minors, elderly persons or purdah-nashin (isolated) women must be subject to rigorous judicial review.
The Court’s decision states that upon initiation of any civil or tax case, the presiding judge must first determine whether any of the parties involved are minors. If a minor is identified, the case cannot proceed to trial until the protection of their legal rights is fully guaranteed.
The judgment emphasizes that the appointed guardian must have no personal interest in the outcome of the case, thereby ensuring that the interests of the minor remain the priority.
Furthermore, the Court warned against unnecessary haste in property disputes involving minors, insisting that the “best interests of the child” must be prioritized at every stage of the proceedings. To ensure strict compliance, the FCC has ordered that copies of this ruling be distributed to all civil and tax courts nationwide.
