Case Details

Citation(s)
1996 SLG 265 1996 SLD 265 1996 SCMR 1211
Supreme Court of Pakistan
H.R. Case No.1Q1 of 1992, decision dated: 23rd February, 1994.
SAAD SAOOD, JAN, ACTG. C.J., SAIDUZZAMAN SIDDIQUI AND WALI MUHAMMAD KHAN, JJ
Petitioner in person. Mumtaz Ali Mirza, Advocate Supreme Court for
Respondent No. 4. Sardar M. Aslam, Advocate Supreme Court for PBC

Dr. AMANULLAH KHAN and anothers

VS

CHAIRMAN, MEDICAL RESEARCH COUNCIL and 3 others

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 184(3), 4(2)(a), 25(1) & 9---Petitioner aggrieved by commercials which appeared on behalf of cigarette companies, seeking direction for banning them on television---Competency---Jurisdiction of Supreme Court to directly entertain applications under Art. 184(3) is of limited scope inasmuch as it is confined to enforcement of Fundamental Rights set out in Chap. 1 of Part II of the Constitution---Petitioner was unable to particularise Fundamental Rights which he wanted to enforce through Constitutional petition---Only Fundamental Right which could possibly have any relevance to petitioner's application was contained in Art. 9 of the Constitution which states that no person should be deprived of life and liberty save in accordance with law---Possible justification for construing said Article existed in a manner which would embrace equality of life as well---Fact was that after every commercial shown on television relating to promotion of cigarette, warning by Ministry of Health with regard to hazard of smoking was invariably displayed---Petitioner had not claimed that he had attempted to run anti-smoking campaign on television on the same terms on which cigarette manufacturing companies put. on their commercials but he was denied opportunity of doing so---Petition filed by petitioner did not fall within limited scope of jurisdiction enjoyed by Supreme Court under Art. 184(3) of the Constitution---Supreme Court while appreciating efforts made by petitioner for saving the nation from hazards of smoking, declined to issue order to ban commercial advertisements relating to smoking on television for lack of jurisdiction. ORDER SAAD SAOOD JAN, ACTG. C.J.---This is an application under Article 184(3) of the Constitution. The petitioner is aggrieved by the commercials which appear on behalf of the cigarette companies on the television. He seeks a direction for banning these commercials on the television. He states that the smoking habit has attained alarming proportions in Pakistan during the past two decades; as the western tobacco companies are unable to sell cigarettes in the western countries they are now aiming at the…
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