The government has acknowledged the need for systemic change to protect the rights and investments of overseas Pakistanis. Recent policy announcements signal a strong commitment to resolving the legal woes of expatriates.
Special Courts for Overseas Pakistanis
A cornerstone of the new legal framework is the establishment of dedicated courts to handle cases involving overseas Pakistanis. Prime Minister Shehbaz Sharif has announced the creation of special courts in Islamabad under the Overseas Pakistanis Property Act, 2024, to ensure the expeditious resolution of disputes, particularly those relating to immovable property . In pursuance of this act, two District and Sessions Judges have been designated in the district judiciary to handle these cases .
The government’s plan extends beyond the federal capital. While special courts are already operational in Islamabad, the process of setting up similar courts in Punjab is continuing, and other provinces will be requested to follow suit . The Islamabad High Court has also established a special bench dedicated to overseas Pakistanis, with Justice Khadim Hussain Soomro appointed to exclusively hear cases, appeals, and revisions submitted by expatriates regarding their property disputes . Minister for Overseas Pakistanis, Chaudhry Salik Hussain, has stated that cases filed in this special court will be resolved within ninety days, ensuring a swift and efficient judicial process .
Technology Integration: E-Filing and E-Recording
To eliminate the need for costly and time-consuming travel, the government is introducing technology-driven solutions. The Prime Minister has announced the introduction of e-recording and e-filing facilities, allowing overseas Pakistanis to provide evidence through video link from abroad without traveling to Pakistan . This initiative, to be implemented by NADRA within 60 days, will be a game-changer for expatriates involved in litigation .
Additionally, the government plans to bring a legal amendment to prevent fictitious litigation against overseas Pakistanis. The Prime Minister explained that defendants will have the right to defend themselves if the court allows, addressing the longstanding issue of frivolous cases filed to harass expatriates .
Registration and Facilitation Desks
In a move to simplify property transactions, the Prime Minister announced that a system of online sale deed registration, on the pattern of Punjab, will soon be established at Pakistan’s High Commission in London, with plans to replicate this mechanism in other foreign missions . Furthermore, a dedicated desk has been established at the Federal Ombudsman Office, where overseas Pakistanis can lodge complaints via email and WhatsApp . The Federal Board of Revenue (FBR) has also established special facilitation offices in various provinces to assist expatriates with tax and business matters .
⚖️ Supreme Court’s Overseas Litigants Facilitation Cell (OLFC)
In a landmark move, the Chief Justice of Pakistan, Yahya Afridi, has established the Overseas Litigants Facilitation Cell (OLFC) at the Supreme Court to provide timely and convenient access to justice for overseas Pakistanis .
Purpose and Scope
The OLFC, located at the Principal Seat of the Supreme Court, is designed to serve as a dedicated point of contact, providing necessary support and facilitation to overseas litigants . The cell specifically deals with pending cases of overseas litigants under the appellate jurisdiction of the Supreme Court and does not extend to cases falling under the exclusive jurisdiction of other courts . Notably, the term “Overseas Litigants” includes any litigant residing abroad, regardless of nationality, who has a right to approach the Supreme Court of Pakistan .
Key Functions
The OLFC offers a range of services to streamline the legal process for expatriates :
| Service | Description |
|---|---|
| Digital Submission | Facilitates submission of petitions, applications, and grievances through digital means. |
| Early Hearing Requests | Assists in processing requests for early hearings before the Supreme Court. |
| Case Updates & Copies | Provides case updates and facilitates the provision of certified copies of orders electronically. |
| Digital Record Keeping | Maintains a digital record of all matters processed, with outcomes, and submits periodic reports to the Chief Justice. |
How to Access the OLFC
The Supreme Court has ensured that the OLFC is easily accessible to the diaspora through modern communication channels. For ease of access, overseas Pakistanis can reach the cell via :
- Dedicated WhatsApp Number: +92 326 4442444 (for messages only)
- Online Portal: Available on the official website of the Supreme Court of Pakistan
This initiative reflects the judiciary’s commitment to ensuring that access to justice is not hindered by distance and that overseas litigants can effectively pursue their rights before the Supreme Court of Pakistan .
👔 Private Legal Services: Cross-Border Expertise
Beyond government and judicial initiatives, the private sector in Pakistan has also stepped up to serve the legal needs of overseas Pakistanis, with firms offering specialized cross-border expertise.
RIAA Barker Gillette
RIAA Barker Gillette is described as Pakistan’s premier law firm, with a presence in four major Pakistani cities (Karachi, Islamabad, Lahore, and Peshawar) as well as international offices in the UK, USA, UAE, Afghanistan, and China . This global footprint allows the firm to represent clients in multiple jurisdictions and broaden the scope of services provided. The firm practices in all areas of corporate, commercial, and dispute resolution law, and serves a diverse clientele including multinational corporations, governmental agencies, and private individuals . It is consistently recognised as a band 1 and tier 1 law firm and is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms .
Connaught Law (UK-Based with Pakistan Expertise)
For overseas Pakistanis residing in the United Kingdom, firms like Connaught Law offer unique advantages. Qazi Atif Ali, an Associate at Connaught Law, is dual-qualified as an advocate of the High Court of Pakistan alongside his UK legal practice . This dual qualification provides clients with unparalleled cross-jurisdictional expertise and creative legal solutions spanning multiple legal systems . His practice covers immigration, asylum, human rights law, employment law, civil claims, and family disputes. With recommendations from the judiciary of both the UK and Pakistan, and active connections with the Government of Sindh, such practitioners are well-positioned to handle complex cross-border legal matters .
Consulate-Level Referrals
Overseas Pakistanis seeking legal advice can also turn to their local consulates for referrals. For instance, the Consulate General of Pakistan in Los Angeles provides information on a Pakistani Attorney in California, Waqas Younes of AW Law Group, who offers legal consultation on Pakistani law for the Pakistani community on the west coast of the USA . While the consulate shares these details for informal facilitation, it clarifies that it does not take responsibility for the services provided .
🔍 Key Legal Areas and Practical Tips
Legal services for overseas Pakistanis typically cover several key areas:
- Property and Real Estate: Disputes regarding immovable property are among the most common issues faced by expatriates. The new special courts and benches are specifically designed to address this .
- Corporate and Investment Advice: For expatriates looking to invest in Pakistan, law firms provide advisory services on mergers, acquisitions, and corporate restructuring .
- Banking and Finance: Legal experts assist with cross-border financing, debt-to-equity conversions, and understanding the regulatory landscape .
- Dispute Resolution and Litigation: This includes representation in various courts, tribunals, and arbitral bodies for civil and commercial disputes .
- Immigration and Nationality: For those moving between countries, lawyers offer guidance on visa applications, asylum claims, and citizenship matters .
For overseas Pakistanis seeking legal assistance, consider the following practical tips:
- Utilize Government Portals: Start by exploring the Supreme Court’s online portal and the OLFC WhatsApp number for queries related to apex court cases .
- Verify Lawyer Credentials: When hiring private counsel, look for lawyers or firms with specific experience in cross-border matters and, if possible, dual qualifications .
- Explore Technology Options: Inquire about the availability of e-filing and video-link testimony for your case to avoid unnecessary travel .
- Contact Your Consulate: Your local Pakistani consulate or embassy can be a valuable resource for information on legal facilitators and government initiatives in your region .
🚀 Conclusion
The legal landscape for overseas Pakistanis is undergoing a significant transformation. With the establishment of special courts, the integration of technology for remote participation, and the proactive role of the Supreme Court through the OLFC, the state is making concerted efforts to bridge the distance between expatriates and the justice system. Complemented by private law firms offering specialized cross-border services, overseas Pakistanis now have more avenues than ever to protect their rights and investments in their homeland. These initiatives not only promise to resolve individual disputes but also aim to strengthen the bond between Pakistan and its vital diaspora.