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PLD 2019

P L D 2019 Sindh 660 (PLP)

MASHOOQUE — Petitioner Versus PROVINCE OF SINDH through Deputy Commissioner and 4 others — Respondents

Jurisdiction / Court
Petitioners in person (in C.Ps Nos.D-1264, 1404, 1421, 1581 of 2018).
Decided Date
2018-May-15
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation P L D 2019 Sindh 660 (PLP)
Forum / Court Petitioners in person (in C.Ps Nos.D-1264, 1404, 1421, 1581 of 2018).
Bench Members N/A
Parties MASHOOQUE — Petitioner Versus PROVINCE OF SINDH through Deputy Commissioner and 4 others — Respondents
Primary Law Ehtram-e-Ramzan Ordinance (XXIII of 1981)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 2019 Sindh 660 (PLP)?

This judgment primarily cites: Ehtram-e-Ramzan Ordinance (XXIII of 1981) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 2019 Sindh 660 (PLP)?

The case was heard and decided by the Petitioners in person (in C.Ps Nos.D-1264, 1404, 1421, 1581 of 2018). bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 2019 Sindh 660 (PLP) (MASHOOQUE — Petitioner Versus PROVINCE OF SINDH through Deputy Commissioner and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Ehtram-e-Ramzan Ordinance (XXIII of 1981)

Representation

  • Imtiaz Ali Channa for Petitioner (in C.Ps Nos.D-1065, 1156, 1371 and 1372 of 2018).
  • Mazhar Ali Leghari for Petitioner (in C.Ps Nos.D-1075, 1288, 1487, 1488 and 1550 of 2018).
  • Mrs. Razia Ali Zaman for Petitioner (in C.Ps Nos.D-1091 and 1273 of 2018).
  • Miss. Najma Lakho for Petitioner (in C.Ps Nos.D-1097 and 1098 of 2018).
  • Mian Taj Muhammad Keerio for Petitioner (in C.Ps Nos.D-1113, 1206 and 1462 of 2018).
  • Waqar Ali Laghari for Petitioner (in C.P No.D-1121 of 2018).
  • Aijaz Bhutto for Petitioner (in C.Ps Nos.D-1124, 1174, 1186, 1271 and 1272 of 2018).
  • Fakhuruddin Dahraj for Petitioner (in C.Ps Nos.D-1130, 1205, 1403, 1408 and 1520 of 2018).
  • Santosh Kumar J. Kalal, for Petitioner (in C.P.No.D-1139 of 2018).
  • Faisal Nadeem Abro for Petitioner (in C.Ps Nos.D-1142 and 1501 of 2018).
  • Syed Shahzad Ali Shah for Petitioner (in C.Ps Nos.D-1145 and 1384 of 2018).
  • Altaf Hussain Chandio for Petitioner (in C.P No.D-1154 of 2018).
  • Bheemchand Kolhi for Petitioner (in C.Ps Nos.D-1161 and 1405 of 2018).
  • Hemandas S. Sanghani for Petitioner (in C.Ps Nos.D-1162, 1163, 1165, 1169, 1382 and 1416 of 2018).
  • Moula Bux Narejo for Petitioner (in C.P No.D-1167 of 2018).
  • Rizwan Ahmed for Petitioner (in C.P No.D-1168 of 2018).
  • Jehangir Khyber for Petitioner (in C.P No.D-1175 of 2018).
  • Mashooque Ali Mahar for Petitioner (in C.Ps Nos.D-1179, 1213 and 1277 of 2018).
  • Muhammad Hassan Chandio for Petitioner (in C.Ps Nos.D-1181, 1182, 1297, 1321, 1322, 1339, 1342, 1344, 1357, 1358, 1393, 1417, 1471, 1493, 1507, 1508, 1527 and 1551 of 2018).
  • Ashique Ali Laghari for Petitioner (in C.P No.D-1184 of 2018).
  • Abdul Majeed Malak for Petitioner (in C.Ps Nos.D-1185, 1187, 1189 and 1191 of 2018).
  • Shaukat Ali Kaka for Petitioner (in C.Ps Nos.D-1190, 1282, 1283 and 1383 of 2018).
  • Abid Ali Thebo for Petitioner (in C.P No.D-1194 of 2018).
  • Noor Muhammad Rind for Petitioner (in C.P No.D-1199 of 2018).
  • Muhammad Azhar Arain for Petitioner (in C.P No.D-1200 of 2018).
  • Mumtaz Ahmed Lashari for Petitioner (in C.Ps Nos.D-1203, 1211, 1262 and 1490 of 2018).
  • Muhammad Sachal R. Awan for Petitioner (in C. Ps Nos.D-1208, 1275 and 1543 of 2018).
  • Mohsin Raza Gopang for Petitioner (in C.Ps Nos.D-1212 and 1346 of 2018).
  • Poonjo Ruplani for Petitioner (in C.Ps Nos.D-1214, 1235, 1268, 1281, 1284, 1337, 1413, 1414 and 1521 of 2018).
  • Muhammad Zainuddin Baloch for Petitioner (in C.P No.D-1216 of 2018).
  • Ashfaque Ali Khaskheli for Petitioner (in C.P No.D-1217 of 2018).
  • Shahzad Ahmed Narejo for Petitioner (in C.P. No.D-1218 of 2018).
  • Aijaz Ahmed Chandio for Petitioner (in C.Ps Nos.D-1220, 1221, 1279, 1409, 1431, 1432, 1433 and 1447 of 2018).
  • Ghulamullah Chang for Petitioner (in C.P No.D-1219 of 2018).
  • Abdul Khalique Leghari for Petitioner (in C.Ps Nos.D-1228 and 1229 of 2018).
  • Syed Imdad Ali Shah for Petitioner (in C.Ps Nos.D-1230, 1231 and 1441 of 2018).
  • Shahid Ahmed Ansari for Petitioner (in C.P No.D-1233 of 2018).
  • Ahmed Nawaz Chang for Petitioner in C.P No.D-1234 of 2018.
  • Syed Tarique Ahmed Shah for Petitioner (in C.Ps Nos.D-1236, 1237, 1238 and 1239 of 2018).
  • Kanji Mal Meghwar for Petitioner (in C.Ps Nos.D-1243, 1244, 1299 and 1316 of 2018).
  • Waheed Murad Khaskheli for Petitioner (in C.P No.D-1245 of 2018).
  • Zafar Ali Chandio for Petitioner (in C.Ps Nos.D-1246 and 1249 of 2018).
  • Adnan Ahmed Siddiqui for Petitioner (in C.Ps Nos.D-1247, 1248, 1257, 1500 and 1522 of 2018).
  • Suhail Shahzad Khokhar for Petitioner (in C.Ps Nos.D-1251, 1252, 1253, 1254, 1255, 1256, 1354, 1355, 1356, 1360 and 1496 of 2018).
  • Ghulam Nabi Meo for Petitioner (in C.P No.D-1258 of 2018).
  • Zubair Mirbahar for Petitioner (in C.P No.D-1261 of 2018).
  • Khalid Hussain Channa for Petitioner (in C.P No.D-1265 of 2018).
  • Muntazir Mehdi Laghari for Petitioner (in C.Ps Nos.D-1266, 1473 and 1516 of 2018).
  • Kashif Ali Lakho for Petitioner (in C.Ps Nos.D-1267, 1426 and 1497 of 2018).
  • Junaid Soomro for Petitioner (in C.Ps Nos.D-1269 & 1377 of 2018).
  • Willayat Ali Khan Magsi for Petitioner (in C.P No.D-1276 of 2018).
  • Mumtaz Ali Soomro for petitioner (in C.P No.D-1280 of 2018).
  • Zaheeruddin Nohri for Petitioner (in C.Ps Nos.D-1285, 1286, 1368 and 1369 of 2018).
  • Zulfiqar Ali Samo for Petitioner (in C.Ps. Nos. D-1289, 1291, 1292, 1294, 1453, 1455, 1456, 1474, 1475 and 1477 of 2018).
  • Ghulam Mustafa Hingorjo for Petitioner (in C.Ps Nos.D-1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1542, 1544, 1545, 1546, 1547, 1548, 1549 and 1554 of 2018).
  • Ghulam Sarwar Khaskheli for Petitioner (in C.P No.D-1311 of 2018).
  • Badar Rajpar for Petitioner (in C.P No.D-1312 of 2018).
  • Azizullah Ghambhir for Petitioner (in C.P No.D-1314 of 2018).
  • Abdul Majeed Lashari for Petitioner (in C.Ps Nos.D-1315 and 1523 of 2018).
  • Hitesh Kumar Maheshwari for Petitioner (in C.P No.D-1317 of 2018).
  • Sartar Iqbal Panhwar for Petitioner (in C.Ps Nos.D-1318 and 1319 of 2018).
  • Waseem Ahmed Ghahoti for Petitioner (in C.P No.D-1324 of 2018).
  • Muhammad Jameel Khan for Petitioner (in C.P No.D-1325 of 2018).
  • Karim Bux Rind for Petitioner (in C.Ps Nos.D-1326, 1327, 1331,1332, 1334, 1335, 1363,1364, 1365, 1366 and 1367 of 2018).
  • Om Parkash H.Karmani for Petitioner (in C.Ps Nos.D-1328, 1330, 1340 and 1341 of 2018).
  • Waqar Ali G. Zaur for Petitioner (in C.Ps Nos.D-1336, 1352 and 1494 of 2018).
  • Bisharat Ali Memon for Petitioner (in C.P No.D-1343 of 2018).
  • Imdad Hussain A.Shahani for Petitioner (in C.P No.D-1359 of 2018).
  • Syed Shafique Ahmed Shah for Petitioner (in C.Ps Nos.D-1362 and 1466 of 2018).
  • Mir Asif Ali Talpur for Petitioner (in C.Ps Nos.D-1370 and 1460 of 2018).
  • Muhammad Ahmed Khan Pathan for Petitioner (in C.Ps Nos.D-1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392 and 1394 of 2018).
  • Ayaz Hussain Chandio for Petitioner (in C.P No.D-1395 of 2018).
  • Bhagwandas Bheel for Petitioner (in C.P No.D-1396 of 2018).
  • Aghis-u-Salam Tahirzada for Petitioner (in C.Ps Nos.D-1397, 1398 and 1410 of 2018).
  • Sheeraz Bhatti for Petitioner (in C.Ps Nos.D-1402, 1427, 1449, 1450, 1452, 1482 and 1483 of 2018).
  • Imdad Ali Dahri for Petitioner (in C.P. No.D-1411 of 2018).
  • Mushtaque Ali Tagar for Petitioner (in C.P No.D-1412 of 2018).
  • Javed Ali Buriro for Petitioner (in C.P No.D-1415 of 2018).
  • Saeed Ahmed Waggan for Petitioner (in C.P No.D-1424 of 2018).
  • Anwar Ali Solangi for Petitioner (in C.P No.D-1425 of 2018).
  • Ghulam Sarwar Baloch for Petitioner (in C.Ps Nos.D-1428 and 1524 of 2018).
  • Amjad Hussain Rajput for Petitioner (in C.P No.D-1429 of 2018).
  • Ghulam Murtaza Shaikh for Petitioner (in C.P No.D-1430 of 2018).
  • Satram, Sonani Bheel for Petitioner (in C.P No.D-1434 of 2018).
  • Aslam Baig Leghari Baloch for Petitioner (in C.Ps Nos.D-1435, 1436, 1437, 1438, 1439, 1440, 1445, 1446 and 1457 of 2018).
  • Nouman Sahito for Petitioner (in C.Ps Nos.D-1442, 1443, 1444 and 1489 of 2018).
  • Shaukat Ali Pathan for Petitioner (in C.P No.D-1448 of 2018).
  • Parkash Lal for Petitioner (in C.P No.D-1451 of 2018).
  • Nasrullah Khaskheli for Petitioner (in C.Ps Nos.D-1454 and 1458 of 2018).
  • Mushtaque Husain Khaskheli for Petitioner (in C.P No.D-1459 of 2018).
  • Rao Faisal Ali for Petitioner (in C.P No.D-1461 of 2018).
  • Ali Khan Laghari for Petitioner (in C.P No.D-1463 of 2018).
  • Zahid Mallah for Petitioner (in C.Ps Nos.D-1472 and 1514 of 2018).
  • Akash Ali Rind for Petitioner (in C.P No.D-1476 of 2018).
  • Ahmed Ali Jarwar for Petitioner (in C.Ps Nos.D-1478 and 1479 of 2018).
  • Mirza Naeem Baig for Petitioner (in C.P No.D-1484 of 2018).
  • Ghulam Shabbir Daudani for Petitioner (in C.P No.D-1485 of 2018).
  • Saeed Ahmed Mirjat for Petitioner (in C.Ps Nos.D-1491 and 1492 of 2018).
  • Zeeshan Ali Malik for Petitioner (in C.Ps Nos.D-1495 and 1553 of 2018).
  • Naseer A. Narejo for Petitioner (in C.P. No.D-1498 of 2018).
  • Faisal Ali Raza Bhatti for Petitioner (in C.Ps Nos.D-1499 and 1519 of 2018).
  • Abdul Mueed Shaikh for Petitioner (in C.Ps Nos.D-1502, 1503, 1529 and 1530 of 2018).
  • Subhan Ali Panhwar for Petitioner (in C.P No.D-1504 of 2018).
  • Niaz Hussain Laghari for Petitioner (in C.P No.D-1505 of 2018).
  • Mansoor Ali Jamali for Petitioner (in C.Ps Nos.D-1506, 1509 and 1531 of 2018).
  • Wali Muhammad Buledi for Petitioner (in C.P No.D-1510 of 2018).
  • Velji Rathore for Petitioner (in C.P No.D-1512 of 2018).
  • Ashok Kumar for Petitioner (in C.P No.D-1513 of 2018).
  • Taj Muhammad Qaimkhani for Petitioner (in C.Ps Nos.D-1511 and 1515 of 2018).
  • Kanjee Mal Rano Bheel for Petitioner (in C.P No.D-1517 of 2018).
  • Altaf Hussain Junejo for Petitioner (in C.P No.D-1518 of 2018).
  • Abdul Hameed Bajwa for Petitioner (in C.P No.D-1528 of 2018).
  • Shahid Sahito for Petitioner (in C.P No.D-1536 of 2018).
  • Ahsan Gul Dahri for Petitioner (in C.Ps Nos.D-1540, 1541 of 2018).
  • Miss. Rizwana for Petitioner (in C.P No.D-1555 of 2018).
  • Wishan Das Kolhi for Petitioner (in C.Ps Nos.D-1585 and 1610 of 2018).
  • Allah Bachayo Soomro, Additional Advocate General Sindh for Respondents.
  • 2. In all the above petitions, since a similar and identical question, is involved, the learned A.A.G., as such, opted to waive notice[s] in all these petitions, in which either notices have not been issued and/or otherwise, the same remained un-served on the official Respondents and A.A.G. Nevertheless, learned A.A.G. upon receiving copies of the petitions and annexures therewith if any, besides, waiving notice, concedes that all the above petitions be taken-up together and 'disposed of' by a 'common order' to which all the learned counsel for petitioners, present in Court, extended their no objection. In this regard reference was made to the case of Arshad Muhammad and others v. Province of Sindh and others [SBLR 2016 DB Sindh 1751].

Headnotes / Summary

S. 5

Ehtram-e-Ramzan

Permission to serve food

Petitioners being owners of hotels/restaurants have sought exemption from the provisions of Ehtram-e-Ramzan Ordinance, 1981

Validity

Petitioners could do business activities in terms of exemptions under S.5 of Ehtram-e-Ramzan Ordinance, 1981 subject to necessary precautions and permission to be obtained from the authorities

Petitioners could not expose to the public view or access of their business activity and proper arrangements of curtain and screen was to be made

Petitioners were allowed to continue the business activity subject to parameters of exemptions as provided under S.5 of Ehtram-e-Ramzan Ordinance, 1981

Such activity was to be duly protected from public view by means of curtain or screen or otherwise subject to proper verification by the authorities

If any violation or contravention was found then competent authority would be free to initiate legal action

Constitutional petition was disposed of, accordingly.

Judgment & Decree

AZIZ-UR-REHMAN, J.

Per averments made in the above/listed petitions, the petitioners are proprietors/owners of the hotels, restaurants or canteen, who are carrying on their business within the territorial jurisdiction of the High Court of Sindh, Circuit Court Hyderabad. According to the petitioner's version, their business activity is protected, as claimed, under 'Exemptions' provided under section 5 of the Ehtram-e-Ramazan Ordinance, 1981. According to the petitioners, since holy month of Ramazan is likely to start from 17th May, 2018 [subject to appearance of moon], as such, they apprehend that the official respondents will cause severe impediment, in the way of doing/carrying on the business of the petitioners within the parameters of exemptions, as provided under section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. The official Respondents, as apprehended by petitioners, beside creating obstacles in the way of the petitioners will not accord permission to the petitioner[s] to run/operate their business in accordance with exemptions as per section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] during the holy month of Ramazan. Moreover, the official Respondents, as alleged, by the petitioners in this regard, have already issued verbal 'warnings / threats' to the petitioners.

2. In all the above petitions, since a similar and identical question, is involved, the learned A.A.G., as such, opted to waive notice[s] in all these petitions, in which either notices have not been issued and/or otherwise, the same remained un-served on the official Respondents and A.A.G. Nevertheless, learned A.A.G. upon receiving copies of the petitions and annexures therewith if any, besides, waiving notice, concedes that all the above petitions be taken-up together and 'disposed of' by a 'common order' to which all the learned counsel for petitioners, present in Court, extended their no objection. In this regard reference was made to the case of Arshad Muhammad and others v. Province of Sindh and others [SBLR 2016 DB Sindh 1751].

3. Heard.

4. Before proceeding further, at this juncture, we would like to reproduce herein, Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981], which reads as follow:

5. Exemptions. - Nothing contained in section 4 shall apply in respect of- (a) A canteen or kitchen maintained in a hospital for serving food to patients; (b) A restaurant or canteen within the premises of a railway station, airport, or seaport or bus stand or in a train or aircraft; (c) A kitchen or dining-car of a train; or (d) A kitchen or canteen meant for children within the premises of a primary school.

5. It is significant to note, that the aforesaid clause (b) of section 5 of Ehtram-e-Ramazan Ordinance, 1981, has subsequently been substituted/amended by Ehtram-e-Ramazan [Amendment] Ordinance, 1981. The subsequently amended / substituted clause (b) of Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 now reads as follows:- "(b) a restaurant, canteen, stall or wheel barrow, or the holder of a vending contract, within the premises of a railway station or in a train or a restaurant or canteen within the premises of an airport, seaport, or bus stand or in an aircraft;"

6. No doubt, a number of the 'exemptions' under section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] regarding operation of restaurants and canteen etc. as above, have been provided in the holy month of Ramazan but, in our view, at the same time, it is obligatory for the proprietors / owners of the restaurants, canteen etc., as above, to do such activity strictly in terms of the 'exemptions' as mentioned / provided under section 5 of the Ehtram-e-Ramazan Ordinance, 1981.

7. The 'business activity' permitted in terms of 'exemptions', of course, shall needs to be done with utmost respect to the holy 'Month of Ramazan' and that too, subject to the necessary 'pre-cautions' and permission to be obtained from the concerned official Respondents/Magistrates inter alia for ensuring that no any, such activity is conducted/carried out at the restaurants and other places which must needs to fall within the ambit of 'exemptions' as provided under Section 5 of the Ehtram-e-Ramazan Ordinance, 1981. Moreover, such an activity at the places shall fall under the 'exemption' and in no manner should be allowed, to be exposed to the public view or access. Rather such an activity, keeping in view the tenets of Islam, is to be done/carried with proper restricted arrangements of curtain and screen, otherwise, the petitioners would expose themselves for punishment, who do any such an activity of running restaurant, canteen etc. in contravention of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] as provided under the provisions of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981].

8. For and in view of the above, all the listed/above petitions stand 'disposed of' in the following terms:- a. The petitioners may continue the business activity, which as asserted by the petitioners, would be properly protected from public view by means of a curtain or screen and further such an activity of running restaurant, canteen etc. duly falls within the scope of clauses (a), (b), (c) or (d) of Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. b. Further, the petitioners will not conduct their business activity beyond the parameters of the 'exemptions', as provided under Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981], in a canteen, restaurant or dining car referred to and mentioned in clauses (a), (b), (c) or (d) of Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. Besides, such activity shall also be duly protected from public view by means a curtain or screen or otherwise. Moreover, such an activity shall be subject to proper 'verification' and vigilant checking by the concerned Magistrates/official Respondents, as and when the concerned Magistrates/official Respondents deem it necessary and proper with a view to ensure the Ehtram-e-Ramazan. c In case of any sort of violation or contravention of the Ehtram-e-Ramazan Ordinance, 1981, by the petitioners or any one of them the concerned Magistrates/the competent authority/ official Respondent[s] is/are free to initiate legal action, as provided under the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981].

9. Office is directed to transmit copy of this order to the learned A.A.G. Sindh Hyderabad and all the concerned Sessions Judges, Deputy Commissioners/Magistrates/Official Respondents of Hyderabad, Shaheed Benazirabad and Mirpurkhas Divisions, for information and strict necessary compliance.

10. All the above petitions stand 'disposed of' accordingly along with all pending application[s], if any. ZC/M-57/Sindh Order accordingly.

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  • Journal: PLD
  • Volume Year: 2019
  • Citation Ref: P L D 2019 Sindh 660 (PLP)

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