2019 PLP 238 (YLR)

Pursuance to direction dated 07.09.2017, all members of Zakat Council as well Secretary are present.

2. Learned A.A.G contends that in compliance to contempt notice, the Chairman of Zakat Council, Honourable retired Justice Mr. Zahid Qurban Alvi, is present since morning by travelling from Karachi to Hyderbabad, but due to severe pain in knees he is unable to move therefore, he is unable to appear physically before this Court so sitting in Car. In last breath it was prayed to condone personal appearance. For that reason, his attendance is hereby dispensed with.

3. Reply is filed containing therein that orders of this Court would be followed in its letter and spirit and only the universities and degree colleges of public sector would be awarded Zakat funds in whole Sindh which too without any discrimination. Such stand, being well in line and spirit, is welcomed as well appreciated with hope that commitment shall be honoured and deserving shall receive maximum benefits.

4. With regard to mechanism of disbursement of Zakat fund in education sector, it is contended that they have formed a committee consisting upon 6 members i.e. (i) Secretary Zakat and Ushr Department Government of Sindh Karachi, (ii) Representative of the Sindh Zakat Council, (iii) Representative of the Citizens Foundation Karachi, (iv) Vice Chancellor of NED University, (v) Vice Chancellor of Shaheed Muhterma Benazir Bhutto Medical University Larkana and (vi) Vice Chancellor of Sindh University Jamshoro. The formation of the committee involving all is also welcomed with a hope rather a belief that it shall not only ensure transparency but deserving shall receive their due without any harm or prejudice to their dignity, at this juncture learned AAG contends that Mr. Nisar Ahmed Sidiqi , Director IBA Sukkur, Ms. Naheed Durrani M.D SEF and Director IBA Karachi would also be taken in that committee. Accordingly committee shall provide transparent mechanism and guideline to all institutions in that regard.

6. The councils shall ensure that Zakat amount shall be provided to universities and degree colleges of public sectors, directly for proper utilization thereof on deserved and entitled students only, without any involvement of District Zakat Council. It is stated by members of Zakat Council that this court has rightly pointed out defects in earlier mechanism as well ways to make it transparent hence they would make necessary rectification and shall proceed as per order of this Court. 8(sic). The guidelines were always with an intention to get maximum benefits which can only be achieved by removing defects as well making necessary improvements. The open statement being well in line with such principle hence is welcomed and appreciated. Since commitments prima facie appear to ensure transparency as well compliance of lawful order of this Court hence earlier order with to extent of referring this matter to NAB as well contempt notice are hereby recalled/ modified.

9. While parting, it is made clear here that since it had been a matter of pro bono publico hence in case of any deviation to commitments / undertakings as well directions of this court would bring legal consequences which action would not be dependant to move by petitioners alone but any information / complaint by anybody would be sufficient to take the law its own course. Petitions are disposed of accordingly. ZC/G-29/Sindh Order accordingly.