Headed by Justice Muhammad Ali Mazhar, a division bench of the high court was hearing the petition, that also sought to strike down the 18th constitutional amendment. It directed the respondents to come up with their replies by May 7.
During the course of the hearing, Justice Mazhar said the standard operating (SOPs) devised at the national level should be implemented, questioning why mosques are being shut in the province.
He further questioned as to why the SOPs devised by President Arif Alvi after a meeting with ulema are not being followed.
A petition was then filed against the provincial government’s move in the Sindh High Court which was heard on Tuesday. The petition argued that the Sindh government is citing the 18th Amendment for not following the federal government’s order, therefore, the amendment should be nullified under Article 199 of the Constitution.
It said the authorities were stopping worshipers from entering mosques and thus, depriving them of their constitutional right.
“We don’t know what happens to the Sindh chief minister. He stands at night and says congregational Friday prayers will not be allowed in mosques. The police are booking worshipers under terrorism acts,” the petition stated.
The petitioner stated before the judges that the Sindh government doesn’t act upon the Centre’s directives, citing the 18th constitutional amendment and requested the court to declare it void.
At this, Justice Mazhar observed that the SHC lacks the powers to strike down the constitutional amendment as it is up to members of the legislature to enact legislation. He added the court could not issue any orders with regard to the amendment.
Subsequently, the petitioner took back his plea for annulment of the constitutional amendment.
Justice Muhammad Ali Mazhar reprimanded the Sindh government for 'deviating' from the SOPs that were set by the president. “Why are all mosques being closed? Shouldn’t only those mosques be shut where SOPs are not being followed?” the judge asked the additional advocate general.
Before the beginning of Ramzan, the Centre and top Islamic clerics agreed on holding congregational Taraweeh prayers in mosques across the country. It was decided that Taraweeh would take place with a gap of at least two people in between.
However, the Sindh government held a separate meeting with ulema in the province and agreed on suspending Taraveeh prayers for Ramzan to stop the increasing coronavirus infections.
The court, however, remarked that it is not authorised to nullify an amendment and that the lawmakers in the National Assembly should look into the matter. The petition was then withdrawn.