2010 PLP 2971 (YLR)
Messrs NAUSHABA ZUBERI and others — Appellants Versus Messrs QUALITY CONSTRUCTION (PVT.) LTD. and 2 others — Respondents
| Citation | 2010 PLP 2971 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, C.J. and Aqeel A. Abbasi, J |
| Parties | Messrs NAUSHABA ZUBERI and others — Appellants Versus Messrs QUALITY CONSTRUCTION (PVT.) LTD. and 2 others — Respondents |
| Primary Law | West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance (II of 1965) |
Q1: What are the key laws and sections cited in 2010 PLP 2971 (YLR)?
This judgment primarily cites: West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance (II of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 2971 (YLR)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, C.J. and Aqeel A. Abbasi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2971 (YLR) (Messrs NAUSHABA ZUBERI and others — Appellants Versus Messrs QUALITY CONSTRUCTION (PVT.) LTD. and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arif for Petitioner.
Headnotes / Summary
S. 5
Constitution of Pakistan (1973), Art.199
Constitutional petition
Playing and using Loud Speakers
Petitioner had sought a direction that action be taken against respondents for playing and using loud speakers
Cognizance of such conduct fell under the purview of the West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965
Section 5 of the Ordinance had clearly provided that the offence under Ordinance was cognizable and any Police Officer not below the rank of Sub-Inspector could also seize any such equipment
Counsel for the petitioner had pointed out that since the cognizance could be taken by a court not less than the Magistrate of the 1st class, High Court could take cognizance of the matter
Contentions of the petitioner were fallacious as High Court would not step into the shoes of an authority which was already authorized by the special law in the case and Police could take action as the matter was cognizable
Only in cases of inaction or wrongful exercise or failure of exercise of jurisdiction by a public functionary, High Court could intervene in exercise of constitutional jurisdiction
Counsel for the petitioner could not assist the court that as to how the City Nazim in any way was competent authority under Sindh Local Government Ordinance to attend such a malice
Contention of counsel for the petitioner that direction to City Nazim could be issued to take cognizance, was untenable, in circumstances
Order accordingly. Manzoor Ahmed for C.U.G.K. Ms. Afsheen Aman, State Counsel.
Judgment & Decree
The petitioner has sought a direction that action be taken against the respondents for playing and using loud speakers. Cognizance of such conduct come within the purview of the West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965. Section 5 of the Ordinance, 1965 clearly' provides that the offence under the Ordinance is cognizable and any Police Officer not below the rank of Sub-Inspector may also seize any such equipment. Learned counsel points out that since the cognizance can be taken by a Court not less than the Magistrate of the 1st Class, therefore, this Court may take cognizance of the matter. The arguments are fallacious and this Court will not step into shoes of an authority which is already authorized by the Special Law in instant case, Ordinance, 1965. In the instant case police can take action as the matter is cognizable. Only in cases of inaction or wrongful exercise or failure of exercise of jurisdiction by a public functionary, perhaps, this Court may intervene in exercise of Constitutional jurisdiction. Contention of the learned counsel that direction to City Nazim may be issued to take cognizance, is equally untenable. Learned counsel was not able to assist this Court that as to how the City Nazim in any way a competent authority under Sindh Local Government Ordinance to attend such a malice. Petitioner, if so advised, may approach the concerned Police Station to lodge the report for taking cognizance of the matter and act in accordance with law. The petition, along with the listed application is dismissed. H.B.T./N-29/K Petition dismissed.