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-- S. 6(1)-Section 6(1) read with Punjab Government Circular A-V-II (1)/57, dated 26-10-57-Licence of cinema house suspended without show-cause notice by District Magistrate for exhibiting obscene films Held : Letter No. A-V-II(1)/57 does not lay down that District Magistrate could suspend or revoke licence without a show-cause notice.

Malik Abdul Qayyum for Petitioner.

Ismat Ullah (Licence Clerk, D: C. Office) for Respondents.

Date of bearing :18th February 1974.

The writ petition was admitted to a regular hearing on 14-2-1974. Notice was also issued in the matter of stay and an indication was given that the learned District Magistrate, Sialkot should consider whether he is prepar ed to withdraw the order if it has allegedly been issued without a show-cause notice. I further directed that a representative of the learned District Magistrate who might appear on Monday should take specific instructions in this respect. Mr. Ismat Ullah, Licence Clerk has appeared and has filed para-wise comments on behalf of the learned District Magistrate, Sialkot. In those comments, it has been admitted that the licence of the cinema in dispute was suspended because the said cinema had depicted obscene films. The comments further state that no show-cause notice however, was issued by the learned District Magistrate, Sialkot before suspending the licence of the cinema. For this the learned District Magistrate has made reference to the Government Circular A-V-II(I)/57, dated 26-10-1957 copy of which was enclosed with the comments. In the said letter it has been stated that it was within the discretion of the learned District Magistrate whether in a particular case it would be more effective to launch proceedings under section 6(1) of the Cinematograph Act, 1918, in a Court of Law and take additional penal action against the licensee after conviction, as contemplated by the said section or straightway suspend revoke a Cinematograph Licence under the Cinematograph Rules, without taking recourse to a Court of Law. The said letter's in my opinion, does not lay down that when a District Magistrate is proceeding to suspend or revoke a Cinematograph Licence he is not to issue a show-cause notice to the alleged delinquent. Since the order of suspension was passed without issuing a show-cause notice, it is a nullity in the eye of law and I have no option but to set aside the same. Consequently, accepting the writ petition, I declare the order of the learned District Magistrate as to be without lawful authority and of no legal consequence against the petitioner and hereby quash the same.

2. The writ petition was fixed today in connection with the stay matter but since the disposal of the matter of stay was to affect the whole case, I have decided the main case as well after hearing the learned counsel for the parties and the Departmental Representative. Since the District Magistrate did not avail of the opportunity given to him of withdrawing the impugned order, I think he should bear the costs.

K. B. A. Petition accepted.

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