Law:

Section: S. 12 (2)

Press and Publication Ordinance (XV of 1960), S. 12 (2) ---Order of refusal to authenticate declaration-Muse give indication of ground.   The refusal to authenticate a declaration under section 12 (2) of the Press and Publication Ordinance, 1960 has the effect of putting a current newspaper or journal out of circulation or stopp ing the coming out of a new paper or journal. An action of this nature should not be taken lightly as it is calculated to affect a very important right namely; the right of expression. The right has, of course, to be exercised within the bounds of law, but when the Ordinance in question itself lays down the grounds upon which the authentication may be refused it is imperative that the order should give an Indication of the ground, if not the reason thereof, for refusal. Where, therefore, in the order of refusal there was no reference to any of the sub-clauses (a) to (f) of section 12 (2) of the Press and Publication Ordinance, 1960 so that it was impossible to know from the order itself as to the ground upon which the refusal of the District Magistrate was based, it was held that such an order was per se bad. JUDGMENT   A. S. FARUQUI, J.-The writ petition is directed against the refusal of the District Magistrate, Karachi to authenticate the declaration of the petitioners which was made by them under section 7 of Press and Publication Ordinance 1960 (Ordinance XV of 1960).   The petitioner No. 1 is the proprietor and the petitioner No. 2 is the printer andpublisher of a monthly journal " Chiragh- e-Rah " which is published from 23 Stretchen Road, Karachi. On the 25th of January 1961, the petitioner No. 2 filed his declaration as required by section 7 of the Ordinance in the prescribed form. It is the case of the petitioners that after the filing of this declaration the petitioner No. 2 along with the editor of the said journal called at the office of the District Magistrate several times and ultimately succeeded in personally meeting the then District Magistrate, Karachi, Mr. Mukhtar Masud, and he informed them that he had already authenticated the declaration and they should contact the office and sign the…