2006 PLP 2951 (YLR)
MUSHTAQ AHMAD BUTT — Appellant Versus DISTRICT COORDINATION OFFICER, GUJRAT and another — Respondents
| Citation | 2006 PLP 2951 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Zahid Hussain, J |
| Parties | MUSHTAQ AHMAD BUTT — Appellant Versus DISTRICT COORDINATION OFFICER, GUJRAT and another — Respondents |
| Primary Law | Press, Newspapers, News Agencies and Books Registration Ordinance (XCVIII of 2002) |
Q1: What are the key laws and sections cited in 2006 PLP 2951 (YLR)?
This judgment primarily cites: Press, Newspapers, News Agencies and Books Registration Ordinance (XCVIII of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2951 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Zahid Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2951 (YLR) (MUSHTAQ AHMAD BUTT — Appellant Versus DISTRICT COORDINATION OFFICER, GUJRAT and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Abdul Rehman Ansari for Appellant.
- Ch. Aamer Rehman A.A.-G. Punjab for Respondents.
- The record was sent for, which is available before me. The learned counsel for the appellant and the learned Additional Advocate-General, Punjab have been heard.
Headnotes / Summary
Ss. 19 & 20
District Coordination Officer (D.C-.O.) passed such order on basis of material brought against appellant ex parse
Before passing - such adverse order, D.C.O. had neither given show-cause notice of proposed action nor held an inquiry into such matter
D.C.O. had passed such order in absence of appellant without hearing him
High Court set aside such order and directed appellant to appear before D.C.O. for decision of complaint against him in accordance with law. Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others PLD 1971 SC 61 and Mansab Ali v. Amir and 3 others PLD 1971 SC 124 rel.
Judgment & Decree
SAYED ZAHID HUSSAIN, J.--On 13-5-2006 declaration of daily "Aaina e-Ingilab" was cancelled by the District Coordination Officer, Gujrat due to the allegation of publishing defamatory material for the purpose of blackmailing. It has been assailed through this appeal under section 20 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002. One of the grounds urged qua the impugned order is that the appellant was not heard before passing of the impugned order. The record was sent for, which is available before me. The learned counsel for the appellant and the learned Additional Advocate-General, Punjab have been heard. The perusal of the record shows that order dated 13-5-2006 was passed in absence of the petitioner without hearing him. It is further borne out from the record that though the appellant made a representation before respondent No.1 for reconsideration of the matter, the said representation was rejected on 26-5-2006 due to incompetency of such proceedings and non-presence of the appellant. Since an adverse order was contemplated, the prerequisites as envisaged by section 19 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 were required to be fulfilled before passing of the impugned order. Under the law the District Coordination Officer on forming opinion that any declaration should be cancelled was obliged to give a show-cause notice of the proposed action and to hold an inquiry into the matter whereafter order cancelling the declaration could only be made. This procedure, however, was not followed in the instant case and order impugned was passed on the basis of material brought against the appellant, ex parte. Having not observed the procedure contemplated by law the order is not sustainable. Reference in this context may be made to Atta Muhammad Qureshi v. The Settlement Commissioner, Lahore Division, Lahore and 2 others (PLD 1971 SC 61) and Mansab Ali v. Amir and 3 others (PLD 1971 SC 124). In such view of the matter the order impugned is set aside. Since the impugned order has been set aside on the A ground of non-compliance with provisions of section 19 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, the appellant is directed to cause his presence before respondent No.1 on 7-8-2006 for proceedings in the matter and disposal of the complaint against the appellant in accordance with law. The appeal is disposed of accordingly. S.A.K./M-440/L Order accordingly.