| Case ID |
099770e4-3478-4a95-ad46-9db83314e157 |
| Body |
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| Case Number |
C.P. No. D-2110 2020 |
| Decision Date |
Apr 09, 2020 |
| Hearing Date |
Apr 08, 2020 |
| Decision |
The court dismissed the petition challenging the restrictions on congregational prayers at mosques during the Covid-19 pandemic. The decision emphasized that the measures implemented were necessary for public health and safety and were based on guidance from religious scholars. The court noted that the restrictions applied equally to all religions and were not discriminatory as claimed. The ruling highlighted that the right to worship was not curtailed, but rather the size of congregations was limited to prevent the spread of the virus. The court acknowledged the challenges in maintaining social distancing in mosques and the need for such measures to protect human life. |
| Summary |
The case pertains to a constitutional petition filed by Arshad Riaz Mughal, challenging the restrictions imposed on congregational prayers in mosques during the Covid-19 lockdown in Sindh. The petitioner argued that the restrictions were discriminatory and violated fundamental rights guaranteed under the Constitution of Pakistan. The court, however, upheld the government's measures, stating that the restrictions were necessary for public health and safety in light of the pandemic. It was noted that the measures were taken after consulting religious scholars and were applicable to all religious gatherings. The court ruled that the right to worship was not infringed upon, but rather the size of gatherings was limited to ensure social distancing. This decision highlights the balance between public health concerns and religious practices during unprecedented times. |
| Court |
Sindh Chief Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR,
JUSTICE YOUSUF ALI SAYEED,
JUSTICE ARSHAD RIAZ MUGHAL
|
| Lawyers |
ARSHAD RIAZ MUGHAL,
Jawad Dero,
Amanullah Zardari
|
| Petitioners |
ARSHAD RIAZ MUGHAL
|
| Respondents |
PROVINCE OF SINDH THROUGH CHIEF SECRETARY
|
| Citations |
2020 SLD 1024,
2020 CLC 1099
|
| Other Citations |
Khalil-uz-Zaman v. Supreme Appellate Court, Lahore and 4 others PLD 1994 SC 885,
Darwesh M. Arbey, Advocate v. Federation of Pakistan through the Law Secretary and 2 others PLD 1980 Lah. 206,
Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416,
Government of Punjab through Chief Secretary v. Dr. Zahoor Ahmed Azhar PLD 2019 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Epidemic Diseases Act, 2014 (VIII of 2015)
|
| Sections |
2,
3(1)
|