| Citation(s) |
|---|
| 1991 SLG 1650 1991 SLD 1650 1991 CLC 226 |
Sindh High Court
First Appeal No. 24 of 1989, heard on 16th August, 1990
ABDUL RAHIM KAZI, J
Abdul Fateh Malik for Appellant. Muhammad Sadiq Kharal, Addl. A. G. Sindh for
Respondents
First Appeal No. 24 of 1989, heard on 16th August, 1990
ABDUL RAHIM KAZI, J
Abdul Fateh Malik for Appellant. Muhammad Sadiq Kharal, Addl. A. G. Sindh for
Respondents
ALLAH BACHAYO
VS
DISTRICT MAGISRATE and others
Law:
Section:
Registration of Printing Press and Publications Ordinance (VII of 1988)--- ----Ss. 7 & 26---Publication of monthly Digest---Declaration submitted by appellant was rejected on the ground that he did not enjoy good reputation and stood convicted by lashes---Legality---Provisions of S.12(2)(c) of Ordinance VII of 1988 postulate that District Magistrate could refuse authentication of declaration only, where declarant had been convicted of any offence involving moral turpitude, and such conviction should have been within five years preceding the date of his making and subscribing the declaration---Both such conditions were not fulfilled in the case of appellant---Appeal was allowed and order issued by respondent Authority in the form of Rubkari was set aside---Case was referred to respondent Authority for compliance of the provision of S.12, Registration of Printing Press and Publication Ordinance, 1988 JUDGMENT The facts giving rise to the present appeal are that the appellant had submitted his declaration form under section 7 of the Registration of Printing Press and Publications Ordinance, 1988, hereinafter referred to as the Ordinance. On receipt of this form the District Magistrate made the reference to the following authorities: (1) Senior Superintendent of Police, Sukkur. (2) The Superintendent of Police, Special Branch, Sukkur. (3) The Director Information, Press Karachi. (4) Sub-Divisional Magistrate, Mirpur Mathelo. The declaration submitted by the appellant was for Publication of Monthly `Sindhi Dost' Digest in Sindhi. The Director of Information in reply to above reference wrote to the District Magistrate Sukkur that no newspaper of periodical of the same title was being published from any part of Sindh Province. The Sub-Divisional Magistrate Mirpur Mathelo also forwarded the report of Mukhtiarkar endorsing No Objection to the request of the appellant. The Superintendent of Police, Special Branch, Sukkur submitted his report showing the involvement and conviction of the appellant as follows:- (1) Case F.I.R. No.152/74 under section 42 DPR of P.S. Mirpur Mathelo. (2) Case F.I.R. No.104/76 under section 13-A of P.S Mirpur Mathelo and challaned Special…
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