1998CLC770 (PLP)

(3) A representative of Ministry of Interior B.S. 21 or above. (4) Chairman, Muatadira Qaumi Zaban, (National Language Authority, Islamabad. (5) Chairman, University Grants Commission (6) Director‑General, A.P.P. Unofficial Members: (1) Mr. Zia Jalandhri. (2) Syed Safdar Ali Shah. (3) Syed Zameer Jaffary. (4) Dr. Maliha Lodhi. (5) Mr. Najam Sethi. (6) Mr. Farhad Zaidi." It was partially amended vide Notification, dated 30‑4‑1994 whereby Mr. Masood Nabi Noor was nominated as an unofficial member in place of Dr. Maliha Lodhi. The meeting of the Appellate Committee was held on 15‑12‑1994. The intimation about the said meeting was given through Notification, dated 30‑11‑1994 which reads as under:‑‑‑ "SUBJECT: Appeal for Film Titled 'Legend of Love' (Fr. Urdu). Arrangements for screening or a film titled 'Legend of Love' (Fr. Urdu) have been made at the Central Board of Film Censors, Street No.55, Sector F‑6/4, Islamabad on Thursday the 8th December, 1994 at 11‑00 a.m. (2) All members of the Appellate Committee are requested to make it convenient to attend the screening of the aforesaid film. (3) Relevant papers of the film in question are enclosed herewith:‑‑ 1) Secretary, Ministry of Information and with the request to Broadcasting, Islamabad nominate an officer of B.S. 21 or above to attend the meeting. (2) Secretary, Ministry of Interior, Islamabad (3) Secretary, Ministry of Foreign Affairs, Islamabad. (4) Chairman, National Language Authority, Islamabad. (5) Chairman, University Grant Commission, Islamabad (6) Director‑General, A.P.P., Islamabad. (7) Mr. Zia Jalandhri. (8) Syed Zameer Jaffary, St. No.33, H. No.23, G‑9/1, Islamabad (9) Mr. Najam Sethi (10) Mr. Masood Nabi Noor, H. No.45‑A. 1st Street, F‑6/3, Islamabad Copy forwarded for information and N.A. to: (1) Chairman, C.B.F.C., Islamabad. (2) D.S. (Culture)". The notification, dated 20‑10‑1993 shows that the official members included one representative each from the Ministries of Information and Broadcasting, Foreign Affairs and Ministry of Interior. However, the record does not show as to whether any representative of the concerned Ministries was actually nominated and that he was really intimated about the date of the meeting. The copies of the notification, dated 30‑11‑1994 regarding meeting of the Appellate Committee appear to have been forwarded to the Secretaries: Ministry of Information and Broadcasting, Ministry of Interior and Ministry of Foreign Affairs, Islamabad. Further steps to nominate a representative were to be taken by the concerned Secretaries and, then, they had to inform their representatives about the date of the meeting. As mentioned above, the record is silent in this respect. There is yet another serious defect inasmuch as two non‑official members namely Syed Safdar Ali Shah and Mr. Farhad Zaidi were never intimated about the date of the meeting as per the contents of the Notification, dated 30‑11‑1994. There is yet another legal infirmity which vitiates the proceedings of the meeting held on 15‑12‑1994. The three members who attended the meeting include Mr. Masood Nabi Noor, Mr. Ramzan Adil, National Bureau Chief, A.P.P., Rawalpindi and Mr. Khalid Mahmood, Director‑General (E and T), out of whom Mr. Ramzan Adil came as a representative of the Director‑General A.P.P. Under the relevant rules three official members namely Chairman, National Languages Authority, Islamabad, Chairman, University Grants Commission, Islamabad and Director‑General, A. P. P. , Islamabad have been nominated in Appellate Committee by virtue of their office and the relevant rules do not permit them to nominate or to further appoint any other person to represent them in the meeting. Therefore, Mr. Ramzan Adil was not competent to participate in the proceedings of the Appellate Committee. The meeting held on 15‑12‑1994 was attended by two competent members only. Hence, the quorum was not complete and the proceedings held by the two members were vitiated for lack of quorum. It is well‑settled principle that when law requires a thing to be done in a particular manner it ought to be done in that manner or not at all. The Government cannot be allowed to act arbitrarily or in deviation of the rules which are primarily meant to protect the rights and interests of the citizens.

6. For the foregoing reasons, the petition is accepted and the appellate order, dated 25‑7‑1995 passed by respondent No.3 is declared to be without lawful authority and of no legal effect. The petitioner's appeal shall be deemed to be pending and be. .decided afresh by the Competent Authority/Additional Secretary, Ministry of Culture. Islamabad on merits in accordance with the provisions of Rule 37 of the Censorship of Films Rules, 1980. The Competent Authority shall make every effort to decide the appeal expeditiously preferably within a period of six months, after the receipt of the order. A.A./Z‑43/L Order accordingly.