Press functioning under no law, rules SHC
KARACHI: In a landmark judgement, Mr. justice Sabihuddin Ahmed of the Sindh
High Court has said that Pakistani press functions under no law.
The judgement was delivered on February 1,1999 in an appeal filed by Yunus Riaz, publisher of daily Anjam’, against two orders of Deputy Commissioner, Karachi South prohibiting him from publishing the daily and on the contrary authenticating the declaration of one Qutubuddin for a daily Anjam.
Surveying the history of legislation in Pakistan regulating the press, the learned judge found that the West Pakistan Presses & Publications Ordinance 1963 was repealed on the promulgation of the Registration of Printing Presses and Publications Ordinance 1988 on September 7,1988. This ordinance was not placed before the National Assembly within a period of four months as provided by the Constitution and, therefore, lapsed on January 7,1989., while the West Pakistan Presses & Publications Ordinance 1963, also ceased to be effective.
Thereafter the Government of Pakistan brought in the Registration of Printing Presses & Publications Ordinance, on 12 different occasions from January 9,1989, up to March 10,1997. On many occasions during this period, there was in effect no ordinance at all in the field, as none of these ordinances issued from time to time were ever placed before the National Assembly.
In view of the authoritative announcement of the Supreme Court of Pakistan in the cases of the Government of Punjab versus Ziaulla Khan and the Collector of Customs versus New Electronics to the effect that if the National Assembly was in session and had not been dissolved, ordinances could not be repeatedly promulgated.
Following these two judgements of the Supreme Court of Pakistan, Mr. Justice Sabihuddin Ahmed held that the repeated promulgation of the Registration of Printing Presses & Publications Ordinance was illegal. He also rejected the contention of the respondent Qutubuddin that the West Pakistan Presses & Publications Ordinance 1963 stood revived.
Accordingly the net outcome of the judgement seems to be that the orders of the Deputy Commissioner, Karachi South, mentioned above were void and without jurisdiction.
Source: Business Recorder
Date:2/13/1999
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