Case Details

Citation(s)
2020 SLG 1795 2020 SLD 1795 2020 CLC 1233
Sindh High Court
Constitutional Petitions Nos. D-709, 710, 711, 714, 718, 719, 720, 721, 722, 723, 724, 727, 731, 735, 736, 737, 738, 739, 740, 741, 742, 748, 749, 750, 751, 752, 753, 754, 755, 761, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 778
MUHAMMAD IQBAL KALHORO, JUSTICE FAHIM AHMED SIDDIQUI, JUSTICE
Imdad Hussain A.Shahani for Petitioner (in C.P No. D-709 of 2019). Sanaullah Thatial for Petitioner (in C.Ps. Nos.D-710 and 714 of 2019). Mumtaz Ahmed Lashari for Petitioner (in C.Ps. Nos.D-711 and 775 of 2019). Mumtaz Ali Zardari for Petitioner (in C.

RAB DINO AND OTHERS

VS

PROVINCE OF SINDH AND OTHERS

Law: Ehtram-E-Ramazan Ordinance, 1981

Section: 5,2,3,4

(a) Ehtram-e-Ramzan Ordinance (XXIII of 1981)--- ----Ss. 5, 2, 3 & 4---Ehtram-e-Ramzan---Permission to serve food---Petitioners being owners of hotels/restaurants sought exemption from the provisions of Ehtram-e-Ramzan Ordinance, 1981---Validity---Prohibition provided within Ehtram-e-Ramzan Ordinance, 1981 did apply only during fasting hours and after the same all the eateries might continue their activity and business---Places mentioned (in the present constitutional petitions did not fall within the exemption provided under S.5 of Ehtram-e-Ramzan Ordinance, 1981---Petitioners might seek permission from the concerned Deputy Commissioner if they were functioning within the premises of a railway station, airport, seaport or bus stand, hospital or primary school---District and Sessions Judges and Deputy Commissioners were directed by the High Court to make sure that no restaurant, hotel, beverage stall and tea shop would remain open at public place save to exemption provided within S.5 of Ehtram-e-Ramzan Ordinance, 1981---Deputy Commissioners were directed to ensure that no permission would be granted to a restaurant, hotel, beverage stall or any other business offering edibles if same did not fall within the exemption provided under S.5 of Ehtram-e-Ramzan Ordinance, 1981---Petitioners could approach the concerned Deputy Commissioner if they considered that they did fall under S.5 of Ehtram-e-Ramzan Ordinance, 1981---Deputy Commissioner could not delegate any power to grant exemption and inquiry was to be conducted before granting such permission---Constitutional petitions were dismissed, in circumstances. (b) Ehtram-e-Ramzan Ordinance (XXIII of 1981)--- ----S.5--- 'Bus stand'---Meaning and scope. In Section 5 instead of Bus Stop, the word 'Bus Stand' is used which when read in the context, it appears that it does not mean the roadside Bus Stop or Layover, which is a point where a bus stops for boarding and alighting passengers during transition between terminus. A bus stand, also called a bus bay, or bus stand, is a designated parking location where a bus or coach waits out of service between scheduled public transport services. The words 'within the…
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