Law:

Section:

Punjab Prohibition of Dangerous Kite Flying Activities Ordinance (LIX of 2001)-----Preamble---Punjab Local Government Ordinance (XIII of 2001), Ss.141, 142, 143, 144 & Fourth Schedule, Part II, Item 34---Constitution of Pakistan (1973), Arts. 9, 24, 184(3) & 204---Suo motu action under Art. 184(3) of the Constitution originating from an article appearing in a weekly, sent by a citizen with the request that on having gone through the said article, restriction be imposed on kite-flying as it was causing loss of billions of rupees of property as well as valuable human being---Validity---Held, Punjab Prohibition of Dangerous Kite Flying Activities Ordinance, 2001 did not fulfil certain requirements as indicated by Lahore High Court in the case M.D. Tahir, Advocate v. Government of Punjab reported as 2001 CLC 1180 and the result was that day by day the incidents of causing huge damages to the public property and life were increasing on account of kite-flying activity---Kite-flying activity, prima facie, was no more the activity of enthusiasm but a serious threat to the lives of innocent citizens---Laws so far applicable in the Province of Punjab, seemed to be insufficient to achieve the object---Provisions of Ss.141 & 142, Punjab Local Government Ordinance, 2001, if adhered to/enforced fully even then there was need of promulgating a stringent law, to nab those persons, who were directly or indirectly responsible for causing danger to the lives of innocent citizens, as well as the property owned by the individual and the company, responsible for supply electricity which involved denial of fundamental rights of the citizens, enshrined in Arts.9 & 24 of the Constitution and it would not be fair to allow kite-flying activity, at the cost of life of human being and property, owned by the Government institution or private individuals---Supreme Court in view of the situation created by kite-flying issued directions detailed hereinbelow. Following were the directions issued by the Supreme Court while adjourning the matter for next hearing: (i) Pending decision of the petition, the manufacturers/sellers of kites, kite-flying strings of all kinds, including…

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