MARIE STOPES SOCIETY vs FEDERATION OF PAKISTAN S — 2022 CLC 880 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 880 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: MARIE STOPES SOCIETY vs FEDERATION OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 24---P; S. 24-A; General Clauses Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MARIE STOPES SOCIETY VS FEDERATION OF PAKISTAN S.24---Policy for Regulation of Organization Receiving Foreign Contributions---Non-speaking order---Memorandum of Understanding (MoU), non-signing of---Petitioner society was aggrieved of non-signing of MoU by Federal Government with petitioner in view of Policy for Regulation of Organization Receiving Foreign Contributions---Validity---Letter / order rejecting petitioner's application for signing MoU was not a speaking order within the meaning of S.24-A of General Clauses Act, 1897---Every decision / order / judgment passed by any forum, department or Court should be passed after application of mind with reasoning---Letter issued by Federal Government merely observed that petitioner's application along with documents was shared with stakeholders in terms of the Policy and same was rejected---High Court deprecated such approach of authorities which was cursory and slipshod---Respondent authority was not vested with such powers nor in law was empowered / competent to regulate or curb petitioner's operations through the Policy, which had no Constitutional strength or legislative mandate or legal sanctity or backing of enabling law and did not carry any weight---Notification / Policy in question which was a stop-gap arrangement and in response of which Federal Government did not take any step to provide a legislative cover was of no legal effect---High Court declared all such action / steps taken against petitioner as without lawful authority and of no legal consequences---Constitutional petition was allowed accordingly.

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