The ruling highlights that the appointed guardian must not have any personal interest in the outcome of the case
ISLAMABAD:
The Federal Constitutional Court has ruled that the protection of the rights of minors is a fundamental duty of the judiciary, declaring that no decision or agreement in any case involving a minor will be legally valid without the appointment of an impartial guardian and thorough judicial control.
In a landmark ruling on the protection of the rights of minors, the Court established that in any judicial process in which a minor is a party, the appointment of a guardian ad litem (impartial guardian for the litigation) is mandatory.
Furthermore, all agreements reached in cases involving minors, the elderly, or purdah-nashin (isolated) women must be subject to rigorous judicial oversight.
The Court’s ruling mandates that when initiating any civil or tax case, the presiding judge must first determine whether any of the parties involved are minors. If a minor is identified, the case cannot be resolved until the protection of his or her legal rights is fully guaranteed.
The ruling emphasizes that the appointed guardian must not have any personal interest in the outcome of the case, ensuring that the interests of the minor remain the main focus.
Furthermore, the Court warned against unnecessary haste in property disputes involving minors, insisting that the “best interests of the child” must be prioritized at every stage of the process. To ensure strict compliance, the FCC has ordered that copies of this ruling be distributed to all civil and tax courts nationwide.
