1987 PLP 794 (CLC)

Mian Abdus Sattar Najam for Petitioner. Date of hearing: 7th October, 1986. ABDUL SHAKURUL SALAM, J.‑‑The case of the petitioner is that he was and is printer and publisher of Urdu Daily Mussawat and keeper of Mussawat Printing Press. He has declaration to take out the newspaper. Vide order, dated 12‑12‑1979 Martial Law Administrator, Punjab, Zone 'A' in exercise of powers under paragraph 2(b) of M.L.R. 49 passed following order:‑‑ "To prohibit the publication of Urdu Daily Mussawat and use of Mussawat Printing Press, 15, Montgomery Road, Lahore with immediate effect". It is submitted that under the said Martial Law Regulation for contravention of the order, it was provided that the publication or Press may be forfeited and further that the Martial Law Administrator concerned may also cancel the declaration made and subscribed in such newspaper under the Press and Publications Ordinance, 1960 (Ordinance XV of 1960) or under the West Pakistan Press and Publications Ordinance, 1963 (Ordinance XXX of 1963). It is submitted that no contravention of the order, dated 12‑12‑1979 was made. Therefore, no order of forfeiture or cancellation of the declaration was passed or made by the Martial Law Administrator. The Martial Law itself was lifted vide M.L.O.

107. The aforementioned Martial Law Order, in pursuance of para. 3 M.L.O. 107, was not saved in the Schedule. Therefore, the petitioner submitted an application on 12‑1‑1986 to the District Magistrate, Lahore saying that publication was beyond the control of the owner and printer for the reason given in the application. An order was sought in this behalf as required by subsection (5) of section 9 of the Press and Publications Ordinance, 1963. After reminder the District Magistrate had informed the petitioner vide order, dated 17‑5‑1986 to the following effect:‑‑ "The declarations of Urdu Daily Mussawat Lahore was cancelled and the use of Mussawat Printing Press, Lahore was prohibited under M.L.R.

49. The orders passed under M.L.R. are protected under Article 270‑A of the Constitution of Islamic Republic of Pakistan. In view of the above and as per advice of the D.G.R.P., the previous declarations in respect of Urdu Daily Mussawat Lahore and Mussawat Printing Press, Lahore have become void."

2. The contention of learned counsel for the petitioner is that the order is based on misconception as it is stated that the declaration of Urdu Daily Mussawat was cancelled and use of printing press was prohibited under the Martial Law Regulation No. 49". It is submitted that the 'declaration' was not cancelled and in fact, only publication of the newspaper was prohibited and if there were any contravention then under para. 4 of M.L.R. 49 question of cancellation of declaration would have arisen, which never occurred. The contention of the learned counsel for the petitioner is that the impugned order is based on misconception and after lifting of Martial Law and ceasing of the operation of M.L.R. 49, the petitioner was entitled to bring out the newspaper and since he was unable to do so, he applied to the District Magistrate and the latter erred in law in refusing to determine the said application.

4. The contentions raised require consideration. Admit. Notice for any date in the month of November, 1986. H. B. T./641/L Petition admitted.