Case Details

Citation(s)
1981 SLG 1478 1981 SLD 1478 1981 PLD 295
Lahore High Court
Writ Petition No. 912 of 1981, decided on 11th April, 1981.dates of hearing : 4th, 7th, 8th, 9th, 10th, 14th to .18thlatch, 1981.
RUSTARN S. SIDHWA, J
Sahibzada Anwar Humid, Sahibzada Sdeedul Wameed and Saif-ud-Din Chughtai for Petitioner. Zia Mahmood Mirza for
Respondents

MESSRS BAHO FILM CORPORATIONvsISLAMIC REPUBLIC OF PAKISTAN AND ANUTHBR --Respondents

Law:

Section:

(a) Censorship of Films Act (XVIII of 1963)- -- And Motion Pictures Ordinance (XLIII of 1919)--Provisions of Act XVIII of 1963 and Ordinance XLIII- of 1979 compared. (Interpretation of statutes]. (b) Motion Pictures Ordinance (XLIII of 1979)- -- Ss. 8 & 9-Decertification of films-Powers of Federal Government in such regard when available-Cases listed. (c) Motion Pictures Ordinance (XLIII of 1979) _- S. 9(1), (2)-Wrong or misdescription of sections of statute-­Mistake as to mention of correct section or subsection of a statute in notification-Does not- by itself invalidate notification if otherwise supportable in law-Every possible explanation for its validity, held, to be explored to support its legality- Central Board of Films Censors having referred matter of de-certification of film to Federal Govern­ment and action of Government being supported under S. 9(1), omission of any reference to S. 9(1) in notification in presence of S.9(2) therein, held further,: did not invalidate notification­[Interpretation of statutes-Notification]. East Pakistan Railway Board's case P L D 1966 S C 725 ref. (d) Motion Pictures Ordinance (XLIII of 1979)- . -- S. 9(1), (2) read with S: 6-Subsection (1) of. S: 9 alone deals with revisional powers of Federal Government whereas subsection (2) does not do so-Subsection (2) gives further powers to Federal Government, without. prejudice to revisional powers available under subsestion (1) to decertify films for violation of "grund norm" stated id S. 6 or to convert a certificate granted for unrestricted public exhibition into one for restricted public exhibition-Federal Govern­ment, with regard to films certified after coming into force of Ordinance XLIII of 1979, can either decertify same for violation of "grund norm" or .alter character of certificate from "U" to "R" in revisional jurisdiction under S. 9(1) or by original proceedings decertify film or change character of certificate under S. 9(2) but with ,regard to films certified earlier under repealed Censorship of Films Act, 1963, if no proceedings with regard to de-certification or alteration of certificate are pending before Board of Films Censors action could be taken only…
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