SHC asks counsel to prove his case

Karachi

The Sindh High Court (SHC) has directed the lawyer for a café and restaurants’ association to satisfy the court about maintainability of a petition filed by him against the government decision of banning Seesha smoking in public places.

The All Pakistan Café and Restaurants Association had filed a petition against the government’s ban on Sheesha smoking in restaurants and cafés. Their counsel had submitted in court that in implementation of Prohibition of Smoking and Protection of Non-Smokers Health Ordinance 2002, the local administration “unlawfully” prohibited serving of Sheesha in open places catering only to smokers and not even frequented by non-smokers, that meant that such spaces did not fall under the definition of a space or place of work mentioned in Section 2 of the said ordinance.

The counsel submitted that the impugned order had allowed and handed a carte blanche to the official respondents, including the police and local administration, to harass, intimidate and to prejudice the rights of petitioners. The court sought injunction against the ban on serving non-tobacco Sheesha in restaurants and café and declared that impugned order of the provincial government was ultra vires Section 144 of the Criminal Procedure Code.

The court also directed the counsel to satisfy the court about the maintainability of the petition since it had been filed to challenge the action of officials in respect of the Supreme Court’s order on November 5, 2015, in the suo moto case. The court also appointed Abdul Rehman as amicus curiea to assist the court in the matter and adjourned the hearing of the case till May 10.

It is pertinent to mention that the Supreme Court had already taken suo moto notice over consumption of Sheesha and directed the police to take corrective measures so the bad habit of Sheesha smoking was not followed in open public places including hotels, restaurants and parks.

Detention cases

The Sindh High Court issued notices to federal and provincial law officers to file comments on petitions against detention of citizens allegedly by the personnel of law-enforcement agencies.

Petitioners Husn Pari, Javed, Mohammad Jan Mangal and Imran submitted that personnel of law-enforcement agencies picked up Muslim Khan, Shahid, Nisar, Mohammad Anwar and Imran Ali in Quiadabad, Baghdadi, DHA and Gulistan-e-Johar areas and their whereabouts were unknown.

Husn Pari submitted that the police was not registering a case of the ‘kidnapping’ of her spouse Muslim Khan, who used to work in a factory, despite repeated attempts.

Petitioner Javed informed the court that detainees Shahid and Nasir were arrested by the Rangers in Lyari area on April 4 and since then they have not been produced before any court of law.

Mohammad Anwar and Imran Ali were allegedly taken into custody during raids conducted on April 14 and April 9. The court issued notices to the law officers of law-enforcement agencies and official respondents to file their comments.