Only overseas Pakistanis can invoke OPC: LHC

LAHORE : The Lahore High Court has ruled that to invoke the jurisdiction of the Overseas Pakistani Commission (OPC), a complainant has to show that he/she is an overseas Pakistani as defined under the Overseas Pakistani Commission Act 2014.

“A person of Pakistani origin or national, who is not residing outside Pakistan, temporarily or permanently, for employment, business, vocation, or for any other purpose for an unspecified period, cannot be regarded as an overseas Pakistani,” explains a verdict passed by Justice Jawad Hassan on a petition challenging proceedings on a complaint before the commission. The judge remarked that a person merely having nationality of another country but living in Pakistan permanently cannot be termed as an overseas Pakistani. He maintains that the Act provides mechanism for redress of grievances and protection for overseas Pakistani only and not for every dual national. The judge observes that the complainant before the commission only stated that he was a British national having a British passport without uttering anything about his permanent or temporary residence for a definite period in the United Kingdom. Further, the judge says the function of the commission is only to transmit the complaint to a government agency/department, defined in Section 2(g) of the Act, which has to exercise its powers within the parameters of the law applicable to the matter, without assuming any extended role and no such self-augmented power. Justice Hassan disposed of the petition with a direction that the complaint of the respondent (who holds foreign nationality) will be decided by the commission, after hearing all concerned.