Case Details

Citation(s)
2019 SLG 2558 2019 SLD 2558 2019 PLJ 621
Lahore High Court
I.CA. No. 93 of 2018, decision & hearing Dated: 31.01.2019.
ATIR MAHMOOD, JUSTICE CH. MUHAMMAD MASOOD, JAHANGIR, JUSTICE
Petitioner(s) by: Barrister Osama Amin Qazi, Advocate
Respondent(s) by: Mr. Shams Tabraiz, A.A.G.

MUHAMMAD AFZAL

VS

CIVIL DEFENCE OFFICER, JHELUM ETC.

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 9,14,18,23,25

Law Reforms Ordinance, 1972-- ----S. 3--Issuance of Notice for deficiency regarding fire safety measures--Demand of gratification--Selling of marriage Hall--Filling of writ petition--Dismissed with cost--Lodging of criminal case--Challenge to--Possibility cannot be ruled out that just to take revenge of filing of earlier Writ Petition before this Court and orders passed therein appellant was issued notice to teach him a lesson, but learned single Judge in Chamber without realizing this aspect of case passed impugned , which is not sustainable--Notice questioned thereunder issued by respondent No.1 being without any legal back is also quashed--However, if safety measures are still found to be deficient at spot, then concerned competent Authority may initiate fresh proceedings as warranted under law, rules/policy, but with prior notice to appellant in this regard. Constitution of Pakistan, 1973-- ----Arts. 9, 14, 18 & 23 to 25--Fundamental Rights--Protection of--There is no ambiguity that no one is above law and cannot take advantage of his position or status to infringe rights as well as liberty of people, whereas every authority while discharging its functions is bound to act fairly, justly and in accordance with law, thus any act in derogation of mandate of law cannot be protected. THIS ORDER PASSED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- Undeniably, the appellant is proprietor of Haweli Marriage Hall and BBQ Restaurant at G.T. Road, Dina, Jhelum. Respondents Nos. 1 and 2 on 21.03.2018 visited the same and found it to be deficient with the fire safety measures, as such they closed the premises with metal wires compelling the former to approach this Court through Writ Petition No.928-2018 and vide order dated 30.03.2018 the same was entertained while observing as under:-- Learned Assistant Advocate General Punjab, in attendance on Court's call in receipt of copy of this petition, shall seek instructions so as to assist the Court. Seemingly reckless invocation of penal provisions in the backdrop of alleged violation under Sections, 5,8 of the Punjab Marriage Function Act, 2016 is not sustainable. Learned Law Officer shall take up the matter with…
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