Law: West Pakistan Press and Publications Ordinance 1963

Section: 7, 12(3)(2)

(a) West Pakistan Press and Publications Ordinance (XXX of 1963), Ss. 7 & 12(3)-Declaration, authentication of-Declarant given no hearing on question of refusal of authentication of declara tion nor made aware of reasons for refusal to authenticate declara tion on his meeting with Home Secretary, nor Home Secretary's order showing any basis out of many mentioned in subsection (3) of S. 12 on which action proposed and taken-District Magistrate also purporting to act on advice of Government-District Magis trate's order refusing to authenticate declaration and Government's advice tendered to District Magistrate, held, without lawful autho rity and of no legal effect in circumstances-Case remanded to District Magistrate to pass fresh orders in accordance with .the law. The declarant when he met the Home Secretary, was not made aware of the allegations or material on the basis of which the proposed action of refusal of authentication was to be taken against him nor was he heard on any such question and finally, the order of the Home Secretary does not show as to what were the legal basis out of many on which he wanted to take action under subsection 33) of section 12. Held, that the impugned order passed by the District Magis trate under subsection (3) of section 12 purporting to act on the so-called advice of the Government tendered under that subsec tion is illegal, without lawful authority and of no legal effect. The advice tendered by the Government to the District Magistrate for refusal to authenticate is similarly without lawful authority, without any legal effect and is a nullity. The advice of the Provincial Government and the action of the District Magistrate under subsection (3) of section 12 was without lawful authority and of no legal effect but that does not mean that the District Magistrate is debarred from considering the case under subsection (1) read with subsection (2) of section 12. The stage of his seeking the advice from the Government and any action under subsection (3) having passed and the same having been exhausted, he is yet to pass an order on his own judgment, as noted above, under subsection (1) subject to provi sions of…