1995 PLP 1138 (MLD)

Dr. A. Basit for Petitioner, Petitioner‑Idara served a Legal Notice on the Secretary Home Department, Government of the Punjab, Secretary, Information Department, Government of the Punjab and Director, Public Relations, Punjab on 14‑6‑1994 through Dr. A. Basit, Advocate, and Editor of the "Legal Opinion". The Idara had already submitted four copies of the book "Legal Opinion" in terms of section 37 of the Registration of Printing Press and Publications Ordinance (No III of 1990), and had contended that as the Idara was not under any legal duty to submit these copies in that the Ordinance of 1990 had lapsed but still the requirement thereunder from the Author of any book for seeking a "Declaration" in that regard was being treated as extent by the respondent -authorities in the Directorate of Public Relations. The Idara required the addressees of the notice to "quote the law under which you are requiring the Printer to seek the Declaration. You may also quote the provision on the basis of which you are treating the subject Book as a Newspaper." It further put the addresses of the notice under threat that in the event of their failure to do the needful in terms of the notice dated 14‑6‑1994 within "three clear days", the Editor shall have no option but to approach the Court of law to obtain an appropriate direction for restraining the addressees of the notice"... from threatening the Printer of the aforesaid Book with penal consequences".

2. After having received the notice dated 14‑6‑1994, the Directorate General, Public Relations, Government of the Punjab Press Laws Branch, sent their reply thereto contending that the publication of Journal titled "Legal Opinion", which does indicate the periodicity as Quarterly and volume‑1 "which falls under section 2(3) of the West Pakistan Press and Publication Ordinance, 1963." The petitioner‑Idara was further advised by the respondent -authorities to file fresh Declaration under section 7 of the West Pakistan Press and Publications Ordinance, 1963 asserting in the reply afore-referred that this piece of legislation is in force, presently.

3. The Idara has made the instant petition of obtaining an injunctive order against the respondents from initiating any penal action against the Printer/s of the Journal titled "Legal Opinion" and for issuance of a writ order in the nature of certiorari for quashing the impugned order dated 15‑8‑1994".

4. It is inter alia, contended that both the Ordinances Nos. III and XIII of 1990 had lapsed by efflux of time; that the West Pakistan Press and Publications Ordinance (W.P. Ordinance No. XXX of 1963) had professedly been repealed, both under the Registration of Printing Press and Publications Ordinance No. III and Ordinance No. XIII of same nomenclature and both of the year of 1990 with the result that only actions pending under the West Pakistan Press and Publications Ordinance, 1963 were saved then and even the same situation would remain current after the lapse of the latest Ordinance namely ordinance (No. XIII of) 1990. The precise contention is that there is no law in existence which requires the Printer or Publisher of a book to get a "Declaration" from the respondent Authorities, and therefore, the treat extended to the petitioner‑Idara by the respondents in their letter dated 15‑8‑1994 is beyond the confines of their jurisdiction.

5. The contentions raised need examination. Admit. Notice.

6. Subject to notice for some early date, the operation of the impugned letter dated 15‑8‑1994 is suspended. AA./I‑130/L Constitutional petition admitted.