Law:

Section:

Motion Pictures Ordinance (XLVIII of 1979)-----S. 18(5)--Customs Act (IV of 1969), S. 156(89)--Penal Code (XLV of 1860), Ss.292, 293 & 294--Constitution of Pakistan (1973), Art. 185(3)--Petition for leave to appeal urged that police should refrain from interfering with the petitioners' business in any manner except in accordance with law and further that if an illegal action was taken against the petitioners they should be at liberty .to proceed against the persons concerned--Supreme Court, held, could not issue a general order or writ in favour of petitioners--Supreme Court, however, laid down the procedure with regard to the situations urged in the petition. In the present case leave to appeal petition was filed by proprietors of several hotels running their business against the dismissal by the High Court of their writ' petition; wherein an uncontrolled unchecked right to exhibit video filets and programmers for their customers, guests and others, was claimed. The writ petition was resisted from respondents' side, which included the law enforcing agencies/ Police, the Pakistan Television Corporation and several cinema owners of Quetta on various grounds--One being that the petitioners were indulging in such illegal activities, which also amounted to serious offence. This included a charge amongst others that even those films were being shown which were prohibited in the cinemas and in any case the practice followed by the petitioners contravened many specific laws including the Motion Pictures Ordinance, 1979 and the Rules framed there under as also the provisions of Customs act. 1969 'and Pakistan Penal Code. Petitioners raised two contentions and sought one relief as follows: - (i) That the petitioners are not committing any offence. However, they are not committing cognizable offence, which would empower the police to take direct action against them. (ii) That if the petitioners exhibit a programmer and they cannot do so by virtue of any provision of Motion Pictures. Ordinance. 1979, that law would take its own course; and the police would thus be not competent to take any action against the petitioners unless the action is taken by a competent…

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