KARACHI, Feb 1: The Sindh High Court adjourned on Tuesday further hearing of a petition moved by a recreational club challenging cancellation of its licence as illegal.

A division bench, comprising Justices Ataur Rahman and Zia Pervez, also restrained the respondent authorities, including the police, from taking adverse action and from harassing the petitioner club and its management.

The legal question thrown up by the proceedings is whether a certificate of registration once granted under the Societies Registration Act, 1860, could be cancelled by the registrar of joint stock companies.

Birch Club, housed in Latif Mansion near Eidgah, said in its petition that it was registered in 1953 and was since being run by an elected managing committee. It provides indoor recreational facilities, like billiards, snooker, skittles, cards, etc. to its members and their families.

According to the police, it raided the premises on complaints received by it that the club had become a gambling den. It arrested several people found gambling in the club premises.

The neighbourhood residents also complained of incidents of rowdyism at the premises. The companies' registrar issued a show cause notice and when no reply was received from the club management, cancelled its registration.

The club said in its petition in the high court that it was being victimized and harassed by the police for not extending membership to their personnel and other people recommended by them. There was no provision in the 1860 Act for cancellation of its certificate and the action was illegal and mala fide.

Additional Advocate-General M. Ahmed Pirzada argued that the police were bound to prevent commission of a cognizable offence, such as gambling under the law. Under Section 21 of the General Clauses Act, the authority that issues a licence or certificate has inherent powers to cancel it.

The club requested time to file a rejoinder to the para-wise comments submitted by the registrar of the joint stock companies and the bench allowed the request.

NAZIMS' CASE: The petition moved by the district nazims of the province's bifurcated districts was on Tuesday adjourned to Feb 7. AAG Ahmed Pirzada informed the special division bench, comprising Justices Sarmad Jalal Osmany and Zia Pervez, that Advocate-General Anwar Mansoor Khan was on general adjournment till Feb 4. The proceedings will resume on Monday.