NAQEEBULLAH EHSAS vs KHAIR MUHAMMAD ARIF, PRESIDENT PASHTO ACADEMY arts

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NAQEEBULLAH EHSAS VS KHAIR MUHAMMAD ARIF, PRESIDENT PASHTO ACADEMY arts. 4, 25 & 28---National, mother and provincial language(s)---Right to association and freedom of expression---Equality---Protection of law---amendment was made in manifesto of academies for promotion of mother languages i.e. Pashto, Hazargi, Balochi and Brahui academies (academies-in-question), decreasing the number of members of elected bodies of academies-in-question---Case of the petitioner was that all the citizens who prescribed the manifesto of the academies-in-question and had some literary background were eligible to join academies as members as they were entitled to be dealt with in accordance with law---Validity---Constitution of Pakistan guarantees the right to association and freedom of expression and any amendment regarding restriction of new membership infringes upon such rights within the purview of art. 28 of the Constitution and could potentially be challenged as ultra vires the Constitution---admittedly under art. 4 of the Constitution, it is the right of every citizen to enjoy the protection of law and to be treated in accordance with law---Similarly, under art. 25 of the Constitution, all citizens are equal before law and are entitled to equal protection of law---Impugned amendment made in the manifesto of Pashto academy regarding limited membership seemed to be made without any justification and it is by now settled that an action, which is mala fide or colorful, is not regarded as action in accordance with law---Similarly, an action taken upon extraneous or irrelevant consideration is also not an action in accordance with law, as such, the same amendment whereby the door of the academy had been closed for new entries was liable to be struck down---High Court set-aside the impugned amendment made in S. 2(2) of Manifesto of Pashto academy as well as sister academies, whereby the number of members had been limited to 40 to 100, as the same was made in violation of provisions of Societies act, 1860 and fundamental rights guaranteed by the Constitution---all citizens belonging to the same communities having literary background, prescribing the manifesto and ready to pay the monthly fee and observing the discipline were eligible to be members of the said academies---If any application was filed, the same would be entertained by the President or General Secretory and membership card will be issued immediately without permission from any other body---Constitutional petition was allowed accordingly.

NAQEEBULLAH EHSAS vs KHAIR MUHAMMAD ARIF, PRESIDENT PASHTO ACADEMY arts — 2025 CLC 851 QUETTA-HIGH-COURT-BALOCHISTAN

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