Frivolous litigation, judicial reform and FOSPAH

Reports of land mafias forcibly occupying rural properties is a phenomenon not unheard of in Pakistan. However, when a property under CDA (Capital Development Authority) custodianship is attacked, it indicates two alarming deteriorations in the societal system.

First, the escalation in harassment through malicious property litigation - second and the more disconcerting- the nonchalance with which property grabbing teams file baseless cases in courts against targeted properties.

The Residential properties under the custodianship of Capital Development Authority (CDA) Islamabad have an impeccably documented ownership trail. A Title Deed helps prevent property fraud by providing a clear record of ownership and transfers. It also serves as the conclusive evidence of ownership. CDA being the Authority has the final word when it comes to property ownership in sectors of Islamabad.

The pervasive mindset of property grabbers is that women can be intimidated, harassed, and exploited due to their perceived vulnerability. Motivated by the prospects of illegitimate financial gain they unjustly attack those they perceive defenseless.

The attack that comes through harassing litigation can be as disturbing as a physical assault — when such bullies lose in court, the win, though an occasion to celebrate does not record the ordeal of harassment that was endured by the victim.

Baseless suits on innocent citizens and the devastating emotional impact of the harassment caused in the process is a matter of transcendent importance - even when justice is ultimately served, the profound residual trauma may trigger post-traumatic stress disorder PTSD and in some translate into actions of tragic proportions. This psychological dimension being intangible and invisible tends to be overlooked.

Vexatious lawsuits are tools meant to bully and intimidate. Filed with an ulterior motive, when the target is a woman – the act assumes a uniquely odious character being fundamentally debased and vile. Welcoming baseless cases in courts inverts the concept of justice.

Ironically, the justice system though designed to be fair, inadvertently subjects victims to go through an inherently unfair process. The prevailing notion that victims of frivolous litigation must endure the lengthy court process once summoned, unintentionally punishes them, and shifts the burden of proof onto the innocent party.

The protracted litigation process in Pakistan’s judicial system disproportionately affects two vulnerable groups: genuine plaintiffs/petitioners seeking justice and innocent respondents unfairly entangled in litigation. However, within this flawed system there exists divine grace in the form of select Judges who demonstrate exceptional legal excellence, and who understand and apply the law with meticulous precision. It is, therefore, essential to acknowledge the unwavering integrity and brilliance of such Judges. In cases of frivolous filing, they display an astute acumen to instantly detect and possess the courage to dismiss the case swiftly.

In Pakistan, FOSPAH provides a platform for women to report, among other things, harassment at workplace which constitutes intimidation, retaliation, or abuse of authority. The Enforcement of Women’s Property Rights Act 2020 is for women dispossessed from their property – 2(a) defines the ‘Complainant’ as a woman who files a complaint or for whom proceedings are initiated in respect of the title or possession of her property — Section 4 (1) limits the scope by stating any woman deprived of ownership or possession of her property, by any means may file a complaint to the Ombudsman if no proceedings in court of law are pending regarding that property. Section 7 warrants action if proceedings in a court of law are pending in relation to the ownership or possession of any property claimed to be owned by a woman. The Protection against Harassment of Women at the Workplace Act 2010 provides legal protection against harassment at the workplace.

FOSPAH’s mandate some contest is already extensive and adding more jurisdiction risks overstepping the existing Judiciary. Despite the reservations of the detractors, the emergence of this judicial forum represents a significant milestone in the advancement of women’s rights in Pakistan. Harassment, in the context of a woman, whether in office or through litigation deserves equal recognition.

The denial of inheritance rights by male relatives and workplace harassment are acknowledged as gender related issues in law. A perspective immensely crucial to recognise is that one woman’s plight is no different from the other when it comes to harassment. If women working in any office organization can file a complaint against a harasser in FOSPAH, why should a woman taken to courts by a property grabber, harassed due to frivolous/malicious litigation in courts not be extended the same privilege?

Frivolous litigation is a plague that disproportionately burdens innocent individuals and the courts. Addressing this issue and eradicating it from the judicial system is imperative for judicial reform. Along with the winnowing process that identifies meritless cases at its inception, introduction of psychological deterrents could help with the immunization against frivolous litigants.

In Pakistan, a uniquely effective and particularly impactful penalty would be to introduce counsels who facilitate abusive litigation to character building community service, or ensure they receive mandatory training in ethics. Such sanctions would sensitize legal counsels to exercise greater discretion when signing up to file baseless cases and would be one step, but a giant leap towards judicial reform in Pakistan.

(The writer is an ex-civil servant, studied from Univ of Oxford/former visiting faculty Kinnaird College)

Copyright Business Recorder, 2025