Case Details

Citation(s)
2020 SLG 1264 2020 SLD 1264 2020 PLD 377
Sindh High Court
Constitutional Petition No. D-7679 of 2019, decision Dated: 12-12-2019, hearing Date : 12-12-2019.
MUHAMMAD ALI MAZHAR, JUSTICE AGHA FAISAL, JUSTICE
Yahya Iqbal for Petitioners. Jawad Dero, Additional Advocate General Sindh for
Respondents.

DAR-ULSUKUN THROUGH AUTHORIZED REPRESENTATIVE AND 4 OTHERS

VS

PROVINCE OF SINDH THROUGH CHIEF SECRETARY, KARACHI AND ANOTHER

Law:

Section:

Sindh Senior Citizens Welfare Act, 2014 (XXI of 2016)--- ----Ss. 8, 9, 10, 12 & 19---Old age homes---Governing Council, duties of sought directions to the authorities for enforcement and implementation of Sindh Senior Citizens Welfare Act, 2014---Validity---Mere establishing a Council or making legislation was not enough without its proper enforcement and implementation---Provisions of Sindh Senior Citizens Welfare Act, 2014 were most beneficial and meaningful in larger interest of senior citizens---Sindh Senior Citizens Welfare Act was made in 2014 and notified in year 2016 but despite lapse of considerable period, its proper implementation was in limbo---Only a Council was constituted with number of members and one chairperson who were not taking any swift action---High Court directed council to move a summary to Sindh government for requisite allocation of funds for establishing Senior Citizens Welfare Fund---High Court further directed to notify Rules framed under S.19 of Sindh Senior Citizens Welfare Act, 2014---Constitutional petition was disposed of accordingly. ORDER MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This petition has been brought to entreat directions against the respondents for the effective enforcement and implementation of Sindh Senior Citizens Welfare Act, 2014. In the prayer clause, the petitioners have solicited following declarations and directions: "i. Declare that the acts and omissions of the respondents by not performing their functions under sections 8, 9, 10 and 12 of the 2014 Act are illegal and in contravention of the said Act. ii. Direct the respondents to establish the Old Age Homes under section 8 of the said Act, expeditiously. iii. Direct the respondents to perform their functions under sections 5 and 9 of the 2014 Act. iv. Direct the respondents to establish Senior Citizens Welfare Fund under section 12 of the 2014 Act...." 2. In a few words, the farsightedness and providence of Sindh Senior Citizens Welfare Act, 2014, ("2014 Act") notified on 28th June, 2016 is to give rise to the stipulations for welfare and contentment of senior citizens of the Province of Sindh by providing them benefaction and patronage so that their…
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