PLD 2022 Lahore 833
Preamble & S. 37 ---Guardian certificate of person/property of mentally disordered child---Inventory of moveable and immovable properties, furnishing of---Petitioner/widow of police officer was declared by District Court as guardian of her daughter's person and property---Pension of petitioner's husband was allegedly sanctioned and in the total amount of Rs.32,67,678/-, share to her extent (25%) was lying in the bank account---Petitioners filed two applications: first for grant of permission to withdraw Rs.20,00,000/- from Bank Account for the purpose of construction of house and for medical treatment of her disabled daughter; and second, for submission of return/financial statement---Both applications had been dismissed by District Court on ground that petitioner had failed, even after lapse of two years, to furnish an inventory of all the properties/assets received on behalf of mentally disordered daughter together with statement of all claims/debt/liabilities due without any plausible excuse, which she had to submit within a period of three months---Held, that at the time of issuing guardian certificate, Court did not pass any order regarding submission of inventory of the movable/immovable property belonging to the ward/disabled daughter---Surety required by Court through the said order was submitted by the petitioner---Court did not issue any notice to the petitioner for filing of any statement/return---Mental Health Ordinance, 2001, was purely enacted for the welfare of the disabled person---Mere word 'shall' had been used in Ordinance, 2001, without recommending any penal clause---Court was under obligation to see the intent of the legislation---Court, being guardian of the minor/disabled persons, had not only to see/supervise but to take care of the rights of the minors/disabled persons---Court had to take into account the reason/need mentioned in the application by the petitioner for withdrawal of amount---No complaint was on record against petitioner/guardian that she was not taking care of her disabled daughter's person/property---Constitutional petition was allowed and District Court was directed to entertain the inventory/statement of accounts and decide the application afresh
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