Law: West Pakistan Press and Publications Ordinance 1963

Section: 10

(a) Malafide Allegations of fact in relation to mala fides remaining unrebutted- Must be accepted as correct. (b) Natural justice, principles of Order detrimental to interests of a person-Can be passed only after affording such person opportunity of hearing-Maxim : Audi alteram partem (no one should be condemned unheard).-[Maxim]. Faridsons Ltd. v. Government of Pakistan P L D 1961 S C 537 ; Commis sioner of Income-tax v. Fazalur Rahman P L D 1964 S C 410 and University of Dacca v. Zakir Ahmed P L D 1965 S C 90 ref. (c) West Pakistan Press and Publications Ordinance (XXX of 1963) S. 10-Order of Deputy Commissioner based on bidding and advice of extraneous authority that printer's declaration no longer valid --Advice itself based on erroneous assumption-Deputy Commissioner not applying his own mind to situation of case-Such order, held, not sustainable in law. Date of hearing : 10th July 1975.                                                                                                                     JUDGMENT The petitioner is the Chief Editor and Publisher of Urdu Weekly entitled "Nawai Gajranwala". This journal was being printed at "Alaman Printing Press", Lahore. It appears that the keeper of "Alaman Printing Press" Lahore intimated the authorities that Issue No. 5 dated 3-8-1974 of the weekly "Nawai Gujranwala" was not printed at his press but had been got printed by the Publisher from somewhere else. In so far as the place of printing cannot be changed by the Publisher without filing a proper declaration, the contravention complained of was actionable under - section 10 of the West Pakistan Press and Publications Ordinance, 1963,,(hereinafter referred to as the "Ordinance"). 2. On receipt of the information the District Magistrate, Lahore, accordingly issued a show-cause notice to the "Alaman Printing…