KARACHI (ENNS) A division bench of Sindh High Court (SHC), comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed on Tuesday issued notices to the respondents (government’s relevant departments) on a Constitutional petition, filed by several NGOs against the Sindh Charities Registration and Regulation Act, 2019 and fixed 26th August as the next date for the hearing.
The petition made party Province of Sindh, through Secretary, Directorate of Social Welfare, Federation of Pakistan, through Secretary, Ministry of Law & Justice, Economic Affairs Division through Secretary, Ministry of Economic Affairs, Charities Registration & Regulation Commission, government of Sindh, and State Bank of Pakistan through its Deputy Governor (Policy).
Senior lawyer Justice (Retd.) Rasheed A. Razvi appeared on behalf of the petitioners.
In the prayers, the petitioners requested the SHC that the Sindh Charities Registration and Regulation Act, 2019 (Impugned Act 2019) be declared and struck down being ultra vires and violative of the Fundamental Rights as enshrined under the Constitution of Islamic republic of Pakistan, 1973.
Specifically, the Section 3, 9, 22, 24, 25, 26, 27, 28 & 29 of the Impugned Act 2019 are in violation of the Fundamental Rights, unjustified and capable of being used as a tool for oppression and discrimination are liable to be struck down.
The petition has also pleaded to declare the respondent Economic Affairs Division, Federal Government, Islamabad has no statutory backing/ locus standi and lawful authority to frame, regulate enact the Rules titles as NGOs Policy, 2013 and this is liable to be struck down/ declare void being violative of Articles 4, 10-A, 17 and 25 of the Constitution, 1973.
It has also prayed to the court to restrict/ restrain the respondents and their respective officers, directors, employees, servants, representatives, successors, agents, assigns, etc. and/or any other person acting under their control or on their behalf from taking action or implementing any provision of/ under the Impugned Policy 2013 and the Impugned Act 2019 against the Petitioners.