| Citation(s) |
|---|
| 2021 SLG 218 2021 SLD 218 2021 CLD 33 |
Lahore High Court
Writ Petition No. 9629 of 2019, decided on 11th November, 2020.
JAWAD HASSAN, JUSTICE
Muhammad Saqlain Arshad assisted by Syed Faisal G. Meeran for Petitioner. Ms. Sadia Malik, Assistant Attorney General along with Ali Nawaz Channa, Deputy Director, Ministry of Commerce, Islamabad, Dr. Rizwan Basharat, Incharge, IPO, Regional Office, Laho
Writ Petition No. 9629 of 2019, decided on 11th November, 2020.
JAWAD HASSAN, JUSTICE
Muhammad Saqlain Arshad assisted by Syed Faisal G. Meeran for Petitioner. Ms. Sadia Malik, Assistant Attorney General along with Ali Nawaz Channa, Deputy Director, Ministry of Commerce, Islamabad, Dr. Rizwan Basharat, Incharge, IPO, Regional Office, Laho
DR. NADEEM KIANI
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 37,4
Law: Copyrights Ordinance, 1962
Section: 45
(a) Copyright Ordinance (XXXIV of 1962)---
----S. 45---Constitution of Pakistan, Art. 37 sought direction to the Federal Government to constitute Copyright Board as required under S. 45 of the Copyright Ordinance, 1962 in order to safeguard his right of appeal against the order passed by Registrar of Copyrights---Validity---Right of appeal, when provided under the law, was a substantive right and denial of such substantive right was against the dictates of Art. 37(d) of the Constitution which mandated that the State would ensure provision of inexpensive and expeditious justice to the people---Appeal was not merely a formality but a substantive tool of re-examination of a higher pedestal to either rectify and correct any probable error or application of law in the orders passed by the lower forum or to endorse the same being right and thus further enhance its credibility---High Court directed the Federal Government to take up the matter regarding appointment of the Chairman of the Copyright Board on priority basis---Constitutional petition was disposed of accordingly.
Presson-Descon International (Private) Limited and others v. Joint Registrar of Companies PLD 2020 Lah. 869 = 2020 CLD 1128 ref.
Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712 and Ovex Technologies (Private) Limited v. PCM PK (Private) Limited and others PLD 2020 Isl. 52 rel.
(b) Constitution of Pakistan---
----Art. 4--- Right of individuals to be dealt with in accordance with law---Scope---Every citizen of the country has a right of access to justice and dispensation of justice in a timely fashion---Every citizen had an inalienable right to enjoy protection of law and to be treated in accordance with law and no action detrimental to the life, liberty, body reputation or property of any person shall be taken except in accordance with law.
Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997 rel.
(c) Constitution of Pakistan---
----Art. 5---Loyalty to State and obedience to Constitution and law---Scope---Obedience to the Constitution and law is inviolable and it is the duty of the State to obey the laws.
----S. 45---Constitution of Pakistan, Art. 37 sought direction to the Federal Government to constitute Copyright Board as required under S. 45 of the Copyright Ordinance, 1962 in order to safeguard his right of appeal against the order passed by Registrar of Copyrights---Validity---Right of appeal, when provided under the law, was a substantive right and denial of such substantive right was against the dictates of Art. 37(d) of the Constitution which mandated that the State would ensure provision of inexpensive and expeditious justice to the people---Appeal was not merely a formality but a substantive tool of re-examination of a higher pedestal to either rectify and correct any probable error or application of law in the orders passed by the lower forum or to endorse the same being right and thus further enhance its credibility---High Court directed the Federal Government to take up the matter regarding appointment of the Chairman of the Copyright Board on priority basis---Constitutional petition was disposed of accordingly.
Presson-Descon International (Private) Limited and others v. Joint Registrar of Companies PLD 2020 Lah. 869 = 2020 CLD 1128 ref.
Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712 and Ovex Technologies (Private) Limited v. PCM PK (Private) Limited and others PLD 2020 Isl. 52 rel.
(b) Constitution of Pakistan---
----Art. 4--- Right of individuals to be dealt with in accordance with law---Scope---Every citizen of the country has a right of access to justice and dispensation of justice in a timely fashion---Every citizen had an inalienable right to enjoy protection of law and to be treated in accordance with law and no action detrimental to the life, liberty, body reputation or property of any person shall be taken except in accordance with law.
Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997 rel.
(c) Constitution of Pakistan---
----Art. 5---Loyalty to State and obedience to Constitution and law---Scope---Obedience to the Constitution and law is inviolable and it is the duty of the State to obey the laws.
ORDER
JAWAD HASSAN, JUSTICE:---.---
This writ petition was filed back in 2019 with the prayer that the Federal Government through the Ministry of Commerce be directed to constitute Copyright Board as required under section 45 of the Copyright Ordinance, 1962 (the “Ordinance”) in order to safeguard the fundamental rights of the Petitioner.
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