A Step Towards Victory for a Pakistani Christian Family

By Shaheryar Gill, ACLJ Associate Counsel

We are representing a Pakistani Christian family whose agricultural land was fraudulently taken by their Muslim tenant. A Pakistani trial court summarily decided, without considering the evidence, that there was no element of fraud and held the land transfer valid. Our attorneys in Pakistan filed an appeal and the appellate court remanded the case to the trial court, setting aside the trial court’s order.

In 1985, the Pakistani government allotted agricultural land to Sadiq Masih. Masih leased twelve acres of that land to his Muslim neighbor, Niaz Ahmed, for farming purposes. After Masih died in 1992, the ownership of the land transferred to his children. Because Masih’s children did not have much knowledge concerning documentation of land matters, they asked Ahmed, their Muslim tenant, to help them transfer land ownership from their father to them. In exchange for Ahmed’s assistance, Masih’s sons did not require lease payments from him. However, instead of preparing a special power of attorney (for the purpose of acquiring land rights for Masih’s sons), Ahmed prepared a general power of attorney in his favor and used it to transfer the property to his three sons and his brother in violation of Pakistani law. Pakistani law does not allow the holder of a power of attorney to use it for his own benefit.

In December 2010, ECLJ attorneys in Pakistan, representing Masih’s sons, filed a civil suit against Ahmed. The Judge ruled against our clients, finding no element of fraud in the execution of the general power of attorney and dismissed our case. In April 2011, we filed an appeal arguing that our clients had no intent to create a general power of attorney and never authorized Ahmed to do so. We argued that neither Ahmed nor the drafter of the power of attorney read or explained the authority granted under the power of attorney to our clients and as such they remained uninformed. We further argued that even if the court held that the power of attorney was valid, Ahmed could not use it for his own benefit by transferring the property to his own family—creating an immediate conflict of interest—without obtaining our clients’ consent. On December 19, 2011, the appellate court accepted our appeal and remanded the case to the trial court, setting aside the trial court’s previous decision.

Such fraudulent land transfer cases are very common in Pakistan. In addition to Christian minorities, economically poor Muslims are also a target of such crimes and face similar persecution at the hands of other Muslims. Most victims cannot afford to pursue lengthy trials and appeals, and give up fighting for their rights. As a result, many lose their businesses and homes. Furthermore, many victims are threatened not to seek legal recourse and are even physically harmed if they do so.

However, the current decision by Pakistani District Judge Muhammad Iqbal Khan shows that there is still hope in the Pakistani legal system and that there are judges willing to decide cases without religious bias.

We will keep you informed of any developments in this case.

Shaheryar Gill is an attorney with the American Center for Law and Justice (ACLJ) and works with the ECLJ to oversee our work in Pakistan.

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The European Centre for Law and Justice (ECLJ) is a Non-Governmental Organisation focusing on the protection of human rights and on the promotion of “the spiritual and moral values which are the common heritage of European’s peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy;” (Preamble of the Statute of the Council of Europe). Attorneys for the ECLJ have served as counsel in numerous cases before the European Court of Human Rights. Additionally, the ECLJ has special Consultative Status with ECOSOC of the United Nations, and is accredited to the European Parliament.