NGO moves court against orders of closure

LAHORE: The Lahore High Court (LHC) will take up petition of an NGO against orders of closure of its offices following allegations of “pursuing anti-state agenda and preparing a shadow report on violation of human rights due to National Action Plan and Operation Zarb-e-Azb to share it with UN Human Rights Commission”.

South Asia Partnership-Pakistan (SAP-PK) through former president of Supreme Court Bar Association Asma Jahangir had moved the court during last week. The petition is fixed before the court of LHC Chief Justice Syed Mansoor Ali Shah for Monday.

In the last few months several other NGOs were also issued notices to close their offices or limit their activities.

Petitioner Muhammad Tahseen, who is executive director of SAP-PK, in his petition has submitted that SAP-PK was a society registered under the Societies Registration Act, 1860. Explaining the functioning of organisation, he said it was a non-profit, non-governmental body established for charitable, educational and development purposes, and it has been performing it duties for the past 27 years, since 1989, within constitutional limits.

He informed the court that the SAP-PK has a board of directors who are eminent people and set the policy of the society. The executive director is mandated to implement the policy through the guidelines laid down by the board. At the regional level SAP-PK employs a district programme coordinator in different districts of the province.

“Its activities are transparent and open to the extent that SAP-PK has invariably invited government functionaries to attend events at district level in order to promote greater engagement between civil society and the government,” he added.

Tahseen submitted that DPCs of Nankana Sahib, Layyah, Bahawalpur and Bhakkar have recently received letters from respondent Social Welfare and Baitul Maal departments directing them to stop all their activities with immediate effect, to close offices and suspend operations throughout the country. He said these orders were issued on the directives of the Ministry of Interior and the Punjab Home Department.

The content of the letter read: “The SAP-PK has been observed working in South Punjab pursuing anti-state agenda alleging Armed Forces/LEAS of harassing workers and curtailing freedom of action of NGOs towards this purpose. The NGO prepared a shadow report for sharing with the UN Human Rights Commission presenting a very bleak picture of civil rights condition in Pakistan targeting directly the measures taken in context of NAP and Operation Zarb-e-Azab.”

Terming the letter misleading, Tahseen said firstly, the allegation made against SAP-PK of producing a shadow report for the UN was incorrect and false, and secondly, even if such report was to be prepared, it is within the right of any organisation or individual to do so.

He claimed local police have been harassing SAP-PK staff to close office of the organisation which he said, was illegal and unconstitutional. He said NGOs should not be victimised.

He prayed the court in his petition to declare orders mentioned in the letter as illegal and unconstitutional.

He further prayed the court to restrain the respondents from stopping SAP-PK staff from operating and carrying out their work in Pakistan.

He further prayed the court to suspend the impugned orders till the final adjudication of this writ petition.

Published in The Express Tribune, January 23^rd, 2017.