NAQEEBULLAH EHSAS vs KHAIR MUHAMMAD ARIF, PRESIDENT PASHTO ACADEMY art

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NAQEEBULLAH EHSAS VS KHAIR MUHAMMAD ARIF, PRESIDENT PASHTO ACADEMY art. 28---Societies Registration act (XXI of 1860), Preamble---National, mother and provincial languages, promotion of---Intelligentsia, rights of---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 and they were entitled to be dealt with in accordance with law---Validity---Pertinently, the academies-in-question were initially registered under the provisions of Societies Registration act, 1860 and at the time of registration"Memorandum of association" was also submitted which also did not provide any upper limits of membership---The amendments whereby the number of members had been limited to 40, 60 or 100 while closing doors for new entrants apparently violated fundamental right---Societies established for promotion of languages, science and fine arts or for the diffusion of useful knowledge or for charitable purposes were of paramount importance, particularly within the frame work of art. 28 of the Constitution which recognizes and safeguards the right to the preservation of language and culture, acknowledging the significance of diversity and protection of minority rights---Such organizations typically aim to unite and protect the values, culture and heritage of a specific group, as such, denying membership to the citizen from the same section was against the principles of diversity and inclusivity---It also leads to discrimination, whereas the Constitution emphasizes equal rights and protection against discrimination---Excluding members based on shared cultural identity also leads to fragmentation within the community and needless to observe that collaboration and shared responsibility could better serve the cause of language and cultural preservation---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 art — 2025 CLC 851 QUETTA-HIGH-COURT-BALOCHISTAN

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