| Citation(s) |
|---|
| 2020 SLG 1024 2020 SLD 1024 2020 CLC 1099 |
Sindh Chief Court
"C.P. No. D-2110 2020, decided on 9th April, 2020, Date of hearing: 8th April, 2020."
MUHAMMAD ALI MAZHAR, JUSTICE YOUSUF ALI SAYEED, JUSTICE
"PETITIONER(S): ARSHAD RIAZ MUGHAL, ADVOCATE Jawad Dero, AAG, along with Amanullah Zardari, Focal Person, Home Department, Government of Sindh for
Respondent."
"C.P. No. D-2110 2020, decided on 9th April, 2020, Date of hearing: 8th April, 2020."
MUHAMMAD ALI MAZHAR, JUSTICE YOUSUF ALI SAYEED, JUSTICE
"PETITIONER(S): ARSHAD RIAZ MUGHAL, ADVOCATE Jawad Dero, AAG, along with Amanullah Zardari, Focal Person, Home Department, Government of Sindh for
Respondent."
"ARSHAD RIAZ MUGHAL, ADVOCATE
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY"
Law:
Section: 2
(a) Sindh Epidemic Diseases Act, 2014 (VIII of 2015)--- ----S.3(1)---Constitution of Pakistan, Art.25---Covid-19 (Corona) virus---Lockdown implemented throughout the Province to curtail spread of Corona virus---Restrictions on congregational prayers at mosques---Congregation limited to 3 to 5 persons designated for mosques with public not allowed---Whether discrimination---Plea that banks, super stores, Government institutions and courts were open during the lockdown but only mosques had been declared out of bound for public which was discrimination under Art. 25 of the Constitution---Held, that banks, grocery stores and courts were institutions or businesses which were not on the same plane as mosques---Mosques would instead be relatable to places of worship of other faiths---In such regard, it was apparent from the Order issued by Provincial Home Department in exercise of powers under S. 3(1) of the Sindh Epidemic Diseases Act, 2014 that the restrictions on religious gathering applied in similar manner to all religions---Plea of discrimination was, therefore, clearly misplaced. Khalil-uz-Zaman v. Supreme Appellate Court, Lahore and 4 others PLD 1994 SC 885 and Darwesh M. Arbey, Advocate v. Federation of Pakistan through the Law Secretary and 2 others PLD 1980 Lah. 206 distinguished. (b) Constitution of Pakistan--- ----Pt. II, Chapt. 2(Arts.8 to 28)---'Principles of Policy'---Scope---Said Principles were only directive principles rather than Fundamental rights---Whilst such Principles were to be regarded as fundamental to the governance of the State, they were not enforceable by any Court. Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416 and Government of Punjab through Chief Secretary v. Dr. Zahoor Ahmed Azhar PLD 2019 SC 32 ref. (c) Sindh Epidemic Diseases Act, 2014 (VIII of 2015)--- ----S. 3(1)---Constitution of Pakistan, Arts. 20, 25& 31---Covid-19 (Corona) virus---Lockdown implemented throughout the Province to curtail spread of Corona virus---Restrictions on congregational prayers at mosques---Congregation limited to 3 to 5 persons designated for mosques with public not allowed---Whether curtailing public's right to…
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