| Citation(s) |
|---|
| 2017 SLG 49 2017 SLD 49 2017 PLD 1 |
Sindh High Court
Constitutional Petition No. D-2449 of 2016 Dated 6thSeptember, 2016. Dates of hearing: 9th and 10th June, 2016.
SAJJAD ALI SHAH, CHIEF, JUSTICE AND MAHMOOD AHMED KHAN, JUSTICE
Dr. Muhammad Farogh Naseem for Petitioner.Salman Talibuddin, Addl. Attorney General for
Respondents.
Constitutional Petition No. D-2449 of 2016 Dated 6thSeptember, 2016. Dates of hearing: 9th and 10th June, 2016.
SAJJAD ALI SHAH, CHIEF, JUSTICE AND MAHMOOD AHMED KHAN, JUSTICE
Dr. Muhammad Farogh Naseem for Petitioner.Salman Talibuddin, Addl. Attorney General for
Respondents.
ASHIR AZEEMVS.FEDERATION OF PAKISTAN THROUGH FEDERAL SECRETARY, INFORMATION, BROADCASTING AND NATIONAL HERITAGE AND 8 OTHERS --RespondentS
Law:
Section:
(a) Motion Pictures Ordinance (XLIII of 1979)--- ----S. 9(2)(a)---Sindh Motion Pictures Act (IV of 2012) S. 21(1)---Punjab Motion Pictures (Amendment) Act, 2012 (X of 2013) S.3---Constitution (Eighteenth Amendment) Act (X of 2010), Preamble & Sections96, 101(3) & 75---Constitution of Pakistan, Arts 270AA(6), 142 & Fourth Sched. Concurrent List [since omitted]---Scope, nature and effect of Art.270AA(6) of the Constitution on Federal Laws with respect to any of the matters enumerated in the Concurrent Legislative List, after omission of the said list by the Constitution (Eighteenth Amendment) Act, 2010 and subsequent legislation on the subject-matter by the Provincial Legislatures being the "competent authority" under Art.142 of the Constitution---Production, censorship and exhibition of cinematograph films---Scope and application of the Motion Pictures Ordinance, 1979 in the Provinces after the omission of the Concurrent List---Petitioner had impugned the notification issued by Federal Government in exercise of powers under S. 9(2)(a) of the Motion Pictures Ordinance, 1979 whereby a film was declared uncertified in the whole of Pakistan and its exhibition was banned---Contention of petitioner, inter alia, was that after the promulgation of Constitution (Eighteenth Amendment) Act, 2010 legislative competence in respect of "production, censorship and exhibition of cinematograph films" came within the sole domain of the Provinces---Validity---Motion Pictures Ordinance, 1979 was a federal statute and was legislated consequent to the Constitutional mandate that was available vide Entry No. 41 of the Concurrent List provided in the Fourth Schedule of the Constitution, empowering the Federal Legislature to legislate law in respect of "production, censorship and exhibition of cinematograph film" and vide the Constitution (Eighteenth Amendment) Act, 2010 all such entries from the Concurrent Legislative List were omitted and effect of such omission was taken care of by Art.270AA of the Constitution---Sustainability of laws made by the Federal Legislature on the strength of the now-omitted Concurrent Legislative List, depended on the "competent authority" and…