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MIR ABDUL RAZZAQ versus D.C.O., GUJRAT

19 Sections 19, 2 (m) and 20 - Constitution of Pakistan, Article 25 ??? An incident related to the disgrace of the Quran by the newspaper announces the annulment of a newspaper newspaper - Jurisdiction - District Coordination Officer issues showcase notice What followed was a revocation of the declaration in favor of the appellant. - Accuracy - The District Coordination Officer may take notice of the matter at the request of the Press Registrar, including violation of section 19 of the Press, News Papers, News Agencies and Books Registration Ordinance, 2002. And the announcement could be canceled by the opportunity of a hearing - the matter was not forwarded to the District Coordination Officer by the Press Registrar - The District Coordination Officer picked up the matter on his own motion and without any press registrar and canceled the announcement - the district was canceled. Did not have the authority to take up the matter himself and cancel the appellant's e-declaration - the illegal order was without lawful authority and without justice - the exercise by the District District Coordination Officer affected Article 25 of the constitution. Because another newspaper that committed the same crime It was not prosecuted - the criminal case was moved forward. The crime and the trial began - there was no presumption of any basis for the news, without any legal order and without any wrongdoing. The decree was kept separately in circumstances where an appeal was allowed [PP 150, 152] A, B, C, D, E and F

P L D 2017 Lahore 147

Before Faisal Zaman Khan, J

Mir ABDUL RAZZAQ—Appellant

versus

D.C.O., GUJRAT—Respondent

Press Civil Appeal No.651 of 2016, heard on 21st June, 2016.

Press, Newspapers, News Agencies and Books Registration Ordinance (XCVIII of 2002)—

—Ss. 19, 2(m) & 20—Constitution of Pakistan, Art.25—Publication of a news item by newspaper qua an incident involving desecration of Holy Quran—Cancellation of declaration of newspaper—Jurisdiction— District Coordination Officer issued show cause notice and after reply cancelled the declaration issued in favour of appellant—Validity— District Coordination Officer could take the cognizance of the issue on the application of Press Registrar involving violation of S. 19 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 and thereupon after inquiry and affording an opportunity of hearing could cancel the declaration—Matter was not referred by the Press Registrar to the District Coordination Officer—District Coordination Officer on his own motion and without any referral from the Press Registrar took up the matter and cancelled the declaration—District Coordination Officer had no authority to take up the matter himself and cancel the declaration of the appellant—Impugned order was without lawful authority and coram non judice—Exercise by the District Coordination Officer was hit by Art. 25 of the Constitution as another newspaper which committed same offence was not proceeded against—Criminal case had been registered in furtherance of the offence and trial had commenced—News item was not without any basis—Impugned order being without lawful authority and coram non judice was set aside—Appeal was allowed in circumstances. [PP- 150, 152] A, B, C, D, E & F

Qaisar Nadeem Saqi v. District Coordination Officer (DCO) Hafizabad and 8 others PLD 2006 Lah. 76; Muhammad Idrees AASI.v. District Coordination Oficer, Faisalabad and 2 others 2009 CLC 1163 and Abdul Samad Khan v. Assistant Commissioner (SECTT) IC, Islamabad and another PLD 2013 Isl. 71 rel.

Muhammad Irfan Malik for Appellant.

Faisal M. Buttar, A.A.G, along with Ikram ul Haq D.O. (Industries), Gujrat for Respondents.’

Date of hearing: 21st June, 2016.

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