2026 PLP 933 (CLC)

JAWAD HASSAN, J.

At the outset, learned counsel for Petitioner seeks permission to add the Government of Punjab through Secretary, Food Department, Secretariat, Lahore as the Respondent No.5. He is allowed to do so by hand with red ink.

2. This writ petition was filed back in 2020 with two-fold prayer, the basic of which is to direct the competent governmental authority to render fully functional the Appellate Authority prescribed under Section 39(2) of the Punjab Food Authority Act, 2011 (the "Act"). The Petitioner submits that despite the statutory mandate, the said Appellate Authority of the Punjab Food Authority has not been constituted or operationalized.

3. Learned counsel for the Petitioner contends that the prolonged non-functioning of the Appellate Authority has resulted in the violation of fundamental rights of not only the Petitioner but also of other similarly placed individuals. He submits that the Petitioner has been left remediless against an allegedly illegal fine imposed by the Respondent No.1 and for the last several years he has been constrained to run from pillar to post without any lawful forum to ventilate his grievance. He adds that due to the persistent failure of the concerned authorities in establishing the Appellate Authority, the statutory right of appeal has been rendered illusory.

4. Learned Law Officer, while opposing the petition in a somewhat half-hearted manner, concedes that a direction from this Court for the establishment of the Appellate Authority would be appropriate, especially considering that the Act makes such constitution mandatory.

5. Arguments heard and record perused.

6. First of all, it would be advantageous to reproduce hereunder Section 39(2) of the Act for ease of the matter and ready reference: "Jurisdiction of the Food Authority.- (1) On information received from any source, the Food Authority may, for reasons to be recorded in writing- (a)

; (b)

; (c)

; (d)

; (e)

; (f)

; (2) If the Food Authority cancels the licence or imposes fine on a food operator, the food operator may, within fifteen days of the communication of the order, prefer an appeal against such order to such Appellate Authority as the Government may specify by notification in the official Gazette." A bare reading of the above provision reveals a clear legislative intent that whenever the Food Authority takes an adverse action against a food operator, such as cancelling a licence or imposing a fine, the aggrieved operator is vested with a statutory right to challenge such order through an appeal, which must be filed within fifteen days from the date the impugned order is communicated, and it must lie before an Appellate Authority specifically designated by the Government through a notification in the Official Gazette. This Appellate Authority is a substantive safeguard meant to ensure fairness, due process and oversight of the Food Authority's actions. However, it is rather astonishing and deeply concerning that despite the passage of approximately five years, the Government has failed to establish or operationalize the Appellate Authority. This inaction has resulted in significant hardship for litigants, including the present Petitioner, who remain deprived of their statutory right to appeal. More importantly, such inaction offends the spirit and mandate of Article 37(d) of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), which obligates the State to ensure inexpensive and expeditious justice. This Court has previously dealt with a similar situation in the case of Dr. Nadeem Kiani v. Federation of Pakistan and others (2021 CLD 33), wherein the concerned Government department was directed to urgently fill the vacant post of Chairman of the Copyright Board. In that judgment, this Court emphasized the constitutional imperative of Article 37(d) of the Constitution as well as the directives issued by the National Judicial (Policy Making) Committee (the "NJPMC"), chaired by the then Hon'ble Chief Justice of Pakistan in its meeting dated 29.02.2020, calling for immediate filling of vacancies in all judicial and quasi-judicial bodies to ensure dispensation of speedy justice. The relevant part of the said judgment is read as follows: "

8. It is noted with great dismay that despite appropriate legislation/mechanism provided under the Ordinance read with the Copyright Rules, 1967 (the "Rules"), the relevant Governmental Authority/Department is not taking any steps for fulfilling vacant post of the Chairman lying at the Board, which is not only against the mandate of Article 37(d) of the Constitution, holding in unequivocal terms that it is the utmost duty of the State to ensure inexpensive as well as expeditious justice, but also against the directive of National Judicial (Policy Making) Committee (the "NJPMC"). In its meeting held on 29th of February, 2020, under the Chairmanship of the Hon'ble Chief Justice of Pakistan, the NJPMC has observed that in order to provide speedy and expeditious justice to the deserving litigants, it is essential that vacancies in all the cadres of Judiciary, Administrative Tribunals, Boards and Special Courts be immediately the filled for clearance of the backlog so that speedy justice may be dispensed with so faith of the litigants on judicial system is not let down. Under the rule of law every citizen of this country has a right of access to justice and dispensation of justice in a speedy manner. According to the provisions of Article 4 of the Constitution, every citizen has an inalienable right to enjoy the protection of law and to be treated as per law (the Ordinance and the Rules) and no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. In the judgment reported as Watan Party and another v. Federation of Pakistan and others (PLD 2011 SC 997), the Hon'ble Full Bench of the apex Court of the Country has held that "Article 4 thereof remained fully operative, which laid down that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan and in particular no action detrimental to the life, liberty, body, reputation or property of any person would be taken except in accordance with law" Article 5(2) of the Constitution clearly states that obedience to the Constitution and law (the Ordinance and the Rules) is inviolable and it is the duty of the State to obey the laws." (underlining is for emphasis)

7. It is to be noted that the right of appeal, when expressly provided by statute, is a substantive legal right. Depriving a citizen of this right is contrary to the dictates of Article 37(d) of the Constitution and undermines the entire justice system. The Supreme Court of Pakistan in the case of Ghulam Qadir and others v. Sh. Abdul Wadood and others (PLD 2016 SC 712) elaborated that an appeal is not merely a procedural device but a continuation of proceedings wherein the entire matter is reopened for judicial scrutiny. Article 4 of the Constitution guarantees every citizen the inalienable right to be treated in accordance with law and prohibits any action detrimental to life, liberty, body, reputation or property except in accordance with law. Whereas Article 5(2) further makes obedience to the Constitution and law inviolable. Since the Act clearly provides a complete legislative framework for the constitution and functioning of the Appellate Authority, failure to operationalize the same amounts to a departure from constitutional obligations.

8. In view of the above, and following the spirit of the NJPMC directives for ensuring expeditious justice, it is hereby directed that the Government shall establish and make fully functional the Appellate Authority as per mandate of Section 39(2) of the Act within one month from the receipt of certified copy of this order. Once the Appellate Authority becomes functional, the Petitioner shall be at liberty to file an appeal before it, which shall then be decided strictly in accordance with law. Disposed of. UN/A-96/L Order accordingly.