Law:

Section:

Prohibition of Smoking and Protection of Non-Smokers Health Ordinance (LXXIV of 2002)---------S. 1(3)---Constitution of Pakistan (1973), Art. 199---Constitutional petition as pro bono public litigation---Ordinance was to come into force on such date as the Federal Government was to specify in the Official Gazette--­Ordinance had been published on 15-10-2002 in the Official Gazette but no date of its enforcement had been specified till 5 months had elapsed---Such inaction, inaptitude and delay were ingredients of "maladministration" and were opposed to good governance---When a law required a Government to specify a date when an already promulgated Ordinance was to be enforced, it was expected that the Government shall specify the date within a reasonable time in the public interest and in this connection the matter could not be left to uncertainty by the subordinate Authorities, who were duly bound to give effect to the law with convenient despatch---High Court, in circumstances, issued directions to the Federal Government for specifying a date for purposes of enforcement of the said Ordinance within a period of three months from the date of the present under report to the High Court through its Deputy Registrar (Judicial) the 1st July, 2003. Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404 and Government of Sindh through Chief Secretary to Government of Sindh, Karachi and others v. Sharaf Faridi and others PLD 1994 SC 105 ref. JUDGMENT This Constitutional writ petition was filed by the Pakistan Chest Foundation (Regd.), Lahore, and the Pakistan Anti-Tuberculosis Association, Lahore in pro bono public litigation seeking the following relief:-- "It is, therefore, respectfully, prayed that it may kindly be declared that the broadcasting and telecasting of advertisements on Pakistan Radio Network and Pakistan Television promoting sale of cigarettes and sponsorship of programmes displaying commercials and banners by the cigarette companies are illegal and without lawful authorities. The respondents Nos. 1 to 6 may kindly be further restrained from permitting or displaying…

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