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Federal, Punjab chief law officers issued notices on plea challenging Charity Act 2018

LHC

A view of the building of Lahore High Court. Image: File

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The Lahore High Court on Thursday issued notices to the attorney general of Pakistan and advocate general of Punjab on a petition challenging the Punjab Charity Act 2018 being unconstitutional.

On behalf of the petitioners/organisations, Advocate Hina Jillani argued that the impugned law violated Article 17 of the Constitution and imposed unreasonable restrictions on the Nongovernmental Organisations (NGOs).

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She said several clauses of the law were intrusive in nature and provided general, vague and overarching powers to the registration authority. She said it imposed compulsory registration provisions on the NGOs already registered under different laws.

The counsel pointed out that any organisation failed to register under the law will be imposed six-month imprisonment. She argued that authorities were already using the impugned law to malign, harass and target the NGOs especially those working for rights and democracy.

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She further argued that the government passed the impugned law in haste to fulfill the requirements of the Financial Action Task Force (FATF).

However, she said, the FATF conditions clearly suggested a risk-based approach for controlling organisations at risk for being used for terror financing. She said by including organizations working on rights and justice and obtaining public donations clearly showed mala fide intent of controlling dissent and critical voices.

Ms. Jillani said the law curbed freedom of association and expression guaranteed under the constitution, international covenants and judgments of the superior courts.

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Justice Shahid Karim issued notices to the principal law officers of the federal and provincial governments for March 14. The petition has been filed by the Human Rights Commission of Pakistan, Aurat Foundation, South Asia Partnership Pakistan and other organisations.

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