Case Details

Citation(s)
1999 SLD 885 = 1999 CLC 1803
Sindh High Court
Constitutional Petition No. D-693 of 1994, decided on 30th December, 1997.
Presented By: Before Mrs. Majida Razvi and S. Saeed Ashhad, JJ
Khalil-ur-Rehman for Petitioners. Jai Jai Veshno, Asstt. A.-G. for
Respondents Nos. l to 3 Nemo for
Respondent No.4.

Messrs INKESHAF PUBLICATION (PVT.) LTD and another---Petitioners

VERSUS

GOVERNMENT OF SINDH and others---Respondents

Law:

Section:

  Registration of Printing Press and Publication Ordinance (VII of 1988)--- ----Ss. 7, 12, 16 & 42---Constitution of Pakistan (1973), Art.199--Constitutional petition---Declaration for printing and publishing newspaper-- Authenticity---Petitioners/printers submitted declaration for printing newspaper, but Authority neither authenticated same in accordance with S.12(1) of Registration of Printing Press and Publication Ordinance, 1988 nor passed any order in accordance with provisions of S.12(2) of that Ordinance within period of four months---According to provisions of S.12(4) of Registration of Printing Press and Publication Ordinance, 1988, on failure of Authority to act in accordance with provisions of S.12(1)(2) of Registration of Printing Press and Publication Ordinance, 1988 within four months, declaration would attain authenticity---Printing of newspaper having started by petitioners/printers about 12 days before attaining authenticity of declaration, such printing was illegal-- For such illegality petitioners/printers should have been proceeded against by Authority under S.42 of Registration of Printing Press and Publication Ordinance, 1988, but no such action was taken by Authority and printing of newspaper continued without any interruption or objection for about two years---Show-cause notice, was, however, issued after about two years to petitioners/printers directing them to forthwith stop printing of newspaper=- Registration of Printing Press and Publication Ordinance, 1988, did not confer any power on Authority to direct stoppage of printing of newspaper on   ground of contravention of provisions of S.7 of Registration of Printing Press and Publication Ordinance, 1988, by publishers or printers, but Ordinance had provided penalty for violation of 9.7---Authority in exercise of power under S.42 of Registration of Printing Press and Publication Ordinance, 1988 could impose penalty on petitioners/printers which could be a fine not exceeding Rs.20,000 or imprisonment for a period not exceeding six months or both--Action of Authority in stopping printing of newspaper of petitioners/printers was absolutely illegal, void ab initio and of no…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register