Const. P. 2378/2020 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2020 · Before Yousuf Ali Sayeed

This petition has been filed by the General Secretary, Passban-e-Azza Pakistan whereby he has prayed for setting aside an order dated 27.04.2020 passed by Home Department, Government of Sindh which is available at page 21 (annexure A) of the petition. The impugned order is reproduced as under:- “No.SO(Jud-1)HD/8-1(04)12020-Corona Government of Sindh Home Department Karachi, dated 27th April, 2020 ORDER-ADDENDUM In continuation and partial modification of vide order No. SO(Jud-I)HD/8-1(04)/2020-Corona-SOPs dated 23rd April, 2020 “Order-Ramzan Taraweeh as per agreement with Ulemas”. Following being of similar nature are deemed to be included: All religious activities during the holy month of Ramzan with gathering of people like Majalis & Jaloos for Shahdat-e-Imam Ali (AS), Religious Rallies/Gatherings & Mehfil-e-Shabeena being not farz shall not be held. All the directions, instructions contained therein the order dated 23.04.2020 shall apply. Additional Chief Secretary (Home) Home Department Government of Sindh No.SO(Jud-1)HD/8-1(04)/2020-Corona Karachi dated the 27th April, 2020”

2. The notice was issued to the respondents for submitting their reply. Syed Mehmood Akhtar Naqvi filed an application under order 1 Rule 10 CPC (CMA No.11216 of 2020) who wants to be impleaded as petitioner to support the original petitioner. Today Mr. Amanullah Zardari, Focal Person on Court Matter, Home Department, Govt. of Sindh has submitted their reply which is reproduced as under:- “It is respectfully submitted that in view of the prevalent COVID-19 infection which has been declared Pandemic and has affect almost all the countries of the world, the Governments around the world, including Muslim Countries like Kingdom of Saudi Arabia, United Arab Emirates, Iran, Iraq etc after consulting the Health Experts and Ulema and religious leaders, issued directions to limit the congregational prayers in Holy Mosques and other sites. (Annex-I).

2. It is also pertinent to mention that the Government of Saudi Arabia and Government of Iraq had also announced to lockdown and closed the Khana Kaba, Masjid-e-Nabvi as well as Najaf-e-Ashraf and Karabala with the limited persons allowed to perform religious obligation at these religious places, whereas the rest of the faithful are advised to pray at their homes. (Annex-II & III)

3. Accordingly, Government of Sindh, in realization of the apprehension related to local spread of the dangerous virus, found it expeditious to take adequate measures to mitigate the risks/slowdown the spread of COVID-19 contagion. With the passage of time, it has become evidently clear from the ever soaring number of infected cases that a concrete strategy is warranted on part of Government to control the spread of this infection.

4. It is further submitted that regarding the restrictions on religious activities, Government of Sindh sought inputs of religious leaders and scholars from all schools of thought who unanimously announced that if deemed necessary by the Government, for medical reasons, it may place any restrictions on the number of persons offering prayers by Jamaat (Annex-IV). Pursuant to same, Jamia Darul Uloom Karachi issued religious directive (Fatwa) along with references from Sahih Bukhari (Hadith NO. 5728), urging the people to perform Zurh prayers in their homes (Annex-V & VI).

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