| Case ID |
1f611c8c-fd48-467f-934e-0b9d35d61719 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.19 of 2011 |
| Decision Date |
Jan 10, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition in limine, holding that the petitioner’s challenge to the registration of a mosque under the Societies Registration Act, 1860, lacked merit. The court ruled that the term 'charitable', as per the Act, must be interpreted broadly, thus allowing for the registration of a mosque if it also serves educational purposes. The court emphasized that issues regarding charitable activities and educational functions are factual matters best resolved in civil court, not through constitutional petitions. Therefore, the ongoing litigation in civil court was deemed the appropriate forum for resolution. |
| Summary |
In the case of Hafiz Abdul Khaliq vs. Registrar, Joint Stock Company, the Lahore High Court addressed the legality of registering a mosque under the Societies Registration Act, 1860. The petitioner contended that the registration was invalid, arguing that mosques should not be registered as societies. The court, however, interpreted the term 'charitable' in a broad sense, allowing for registration if the mosque also engaged in educational activities, thus qualifying as a 'Deeni Maddrassah'. The court highlighted that the performance of charitable activities and educational functions involves factual determinations that require evidence, and therefore, should be adjudicated in civil court rather than through constitutional jurisdiction. The petition was dismissed as lacking merit, reaffirming the role of civil courts in such disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAUF AHMAD SHEIKH, J
|
| Lawyers |
Not available
|
| Petitioners |
Hafiz ABDUL KHALIQ
|
| Respondents |
others,
REGISTRAR, JOINT STOCK COMPANY
|
| Citations |
2011 SLD 475,
2011 PLD 263
|
| Other Citations |
Not available
|
| Laws Involved |
Societies Registration Act, 1860
|
| Sections |
1,
21
|