Law: Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002

Section: 2(c),5,17

(a) Prohibition of Smoking and Protection of Non-Smokers Health Ordinance (LXXIV of 2002)--- ----Ss.2(c), 5 17---Prohibition of smoking and others tobacco use---Place of public work or use---Power to make rules---Scope---Smoking gadgets, sheesha or any other instruments are completely banned in places of public work or use as explained in S. 2(c) of the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002---Smoking tobacco in any form whether in the form of cigarette, cigar or otherwise is also not permitted at public places---Any person who contravenes is liable for penalties in terms of S. 11 of the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002---Any authorized officer or a police officer not below the rank of Sub-Inspector may eject any person from any place of public work or use who contravenes the provisions of the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002---Answer to the question whether any such business of Sheesha or smoking gadgets pipes wrapper is permissible where an individual can use the specific space/place for the purposes of smoking can only be settled in terms of the powers contained in S. 17 of the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002---High Court directed the Federal Government to notify the rules within six months---Chief Commissioner was directed to visit all those Sheesha bars and public places and stop the smoking activities in accordance with law till the rules were notified. Olive Grill Restaurant v. Province of Punjab through Secretary Home Department PLD 2013 Lah. 689 rel. (b) International law--- ----International law unless in direct conflict with municipal law ought to be applied and respected by municipal courts in deciding matters arising therefrom. Shehla Zia v. WAPDA PLD 1994 (SC) 693 ref. Haji Lal Muhammad v. Federation of Pakistan through Secretary Ministry of Interior Division, Islamabad PLD 2014 Pesh. 199 rel. JUDGMENT MOHSIN AKHTAR KAYANI, J.----Through this writ petition, the petitioner has prayed for the following: i. To initiate immediate crackdown against the restaurants and cafes that serves…

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