SHAHID KARIM, J. In this constitutional petition and a cluster of other petitions viz. W.P No.18862 of 2023, W.P No.58196 of 2022, W.P No.17379 of 2022. W.P No.82226 of 2022, W.P No.17787 of 2024, W.P No.77424 of 2023, W.P No.10986 of 2023, W.P. No.53050 of 2023, W.P No.75/78 of 2023, W.P No.15002 of 2024 and W.P No.14478 of 2024 (which will be decided by this judgment), a challenge has been laid to the provisions of the Punjab Enforcement or Women's Property Rights Act, 2021 (The 2021 Act).
2. It is contended by the learned counsel for the Petitioners that various provisions of the 2021 Act are ultra vires the Constitution of Islamic Republic of Pakistan, 1973 ("the Constitution") and ought to be struck down. It may be stated that a similar law has been enforced by the Parliament for the Islamabad capital territory with the nomenclature of the Enforcement of Women's Property Rights Act, 2020 (the Federal Act). The Federal Act is in pari materia with the 2021 Act. In Saleem Ahmed Jan v. Deputy Commissioner, Islamabad (2024 CLC 953) a Single Bench of the Islamabad High Court (Babar Sattar, J) (IHC Judgment) determined the constitutionality of various provisions of the Federal Act and proceeded to allow the petitions while holding that: "51. In view of the above, this Court finds the following:
(i) Sections 3, 4, 5. 6, 7, 8, 9 and 11 of the Act of 2020 and sections 10(ii) and 12 of the Act of 2013 are ultra vires Articles 8, 9, 104, 23, 24, 175, 202, 203 and 204 of the Constitution and void ab initio. And once such provisions are declared unconstitutional, there is nothing that remains within the Act of 2020 that can be preserved to enable the Ombudsman to continue to discharge any useful function under the Act of 2020 in a constitutional manner.
(ii) All matters already decided by the Ombudsman pursuant to provisions of the Act of 2020 against which no representations have been filed before the President and all matters in which representations have been filed and decided, such that the matter have attained finality will be treated as past and closed transactions.
(iii) All matters (i) which are pending before the Ombudsman pursuant to the Act of 2020, and (ii) in which the decisions of the Ombudsman have been challenged through representations filed before the President and which representations have yet to be decided, shall be returned to the complainants who filed complaints before the Ombudsman, while issuing notice to the contesting parry. The complainants shall be free to initiate legal proceedings in relation to their complaints before courts of competent jurisdiction, if so advised.
(iv) The manner in which the auction of the petitioner's vehicle has been undertaken by the Office of the Deputy Commissioner is devoid of legal authority and shall stand annulled. The Office of the Excise and Taxation Department shall revert the title of the vehicle in the name of the petitioner.
The vehicle shall be returned by respondent No.7 to the petitioner subject to the petitioner paying respondent No.7 an amount of Rs. 1.21 million, which was the amount paid by respondent No.7 as consideration for the vehicle and further paid by the Office of the Deputy Commissioner to respondent No.2. As the record, together with arguments of the learned counsel for the parties, establishes that the property of respondent No.2, the amount generated by the auction of the vehicle paid by the office of the Deputy Commissioner to respondent No.2 in lieu of rent for possession of respondent No.2's property by the petitioner shall also be treated as a past and closed transaction on grounds of equity. The Office of the Deputy Commission shall also hand over to the petitioner forthwith any other electronic devices such as air conditioners owned by the Petitioner and taken into possession by the Office of the Deputy Commissioner pursuant to orders and directions of the learned Ombudsman.
52. The petition is allowed in the above terms."
3. It can be seen that various provisions of the Federal Act were held ultra vires the Constitution and struck down.
4. Having read the judgment passed by the learned Single Judge of Islamabad High Court and in particular the holding of the Islamabad High Court regarding various provisions which have unmistakable affinity with the 2021 Act and amps closely to it, there is no reasonable cause for this Court to differ from the reasons and findings of the Islamabad High Court regarding constitutionality of various provisions of the Federal Act which can be transplanted root and branch to cases under the 2021 Act in its application to the Province of Punjab. Although the judgment of the learned Single Judge of Islamabad High Court has persuasive value for this Court, yet a reading of the IHC judgment has persuaded this Court to follow the judgment without the need to disagree and take a different view in order to reach the same destination.
5. In similar vein are two other judgments (mentioned in the IHC judgment) viz. United Bank Limited v. Federation of Pakistan (PLD 2018 Lahore 322) and Muslim Commercial Bank Ltd. v.
Federation of Pakistan (2020 CLD 829) which determine the same set or questions while considering validity of laws of a similar nature. The concepts of judicial power, rule of law and independence of judiciary were alluded to in holding those laws unconstitutional. Thus, various courts are on common ground that laws conferring judicial power on quasi-judicial bodies offend the Constitution and cannot stand.
6. Consequently, it is held that Sections 3, 4, 5, 6, 7, 8, 9 and 11 of the 2021 Act are unconstitutional and held to be without lawful authority and of no legal effect. This conclusion shall apply to all matters before this Court (including orders passed by the Ombudsperson and under challenge in some petitions) but shall not be applicable to matters which have not been brought before this Court, have attained finality and are past and closed transactions.
6(sic). Since the issue relating to the subject matter covered by the 2021 Act is an important issue relating to rights of the female gender, this order shall be placed before the Secretary Law and Parliamentary Division of the Government of the Punjab for drafting of a fresh law to comport with the reasons given by this Court in conjunction with the reasons of the Islamabad High Court which have been duly approved and adopted. There are compelling reasons for enactment of such a law to protect women's property rights but any such process must be effective and must not embroil women in further litigation so as to nullify the effect of a law which ought to work to their benefit.
7. The petitions are allowed.