Court seeks details of train pact with China

LAHORE

A Lahore High Court division bench on Monday turned down a request of federal government and directed it to present details of agreement with China on Orange Line Metro Train project in open court instead of their chamber. 

The bench comprising Justice Abid Aziz Sheikh and Justice Shahid Karim was hearing petitions filed by civil society members and others challenging the metro train project on different grounds.

Counsel of the federal government stated before the bench that the agreement between Pakistan and China was confidential and sensitive in nature. He said the document could be presented to judges in chamber.

The bench, however, turned down the plea and directed the counsel to submit the agreement in open court on next hearing.

Earlier, the lawyer representing the petitioners said the Pak-China agreement on the orange line metro train was not transparent. He said the government did not even discuss the multi-billion project in assembly. He alleged that the government used funds of other projects like health and education sector for the train project. The counsel pointed out that apex court had abolished many development projects in past for being not approved by assemblies.

The bench adjourned hearing for Tuesday (today) as the arguments were in progress.

film ban case: The Lahore High Court on Monday sought replies from federal government and others on petitions challenging the ban on exhibition of Pakistani film “Maalik”.  

Justice Shams Mehmood Mirza sought replies from the respondent federal and Punjab governments, film censor board and others till May 11.

A local lawyer moved the petition and submitted that the ministry of information, broadcasting and heritage through a notification of April 27 had imposed a ban on exhibition of this film. 

He submitted that earlier the film censor board had given approval for exhibition of this film. He said that after 18th Amendment the government had no authority to impose a ban on any film and the matter pertaining to motion pictures had been devolved to provinces.  He said the film was on top of corruption issue which was hot in the prevailing circumstances after Panama Leaks and it would not create any unrest among the masses. He alleged that in order to protect the federal government in connivance with the Sindh government had issued the impugned notification. He submitted that the film was based on social norms and values in our society and against menace of corruption. He said that movie or drama made for the social development couldn’t be banned. 

He said the impugned notification proved that the ministry had not only exceeded from his powers while issuing the notification but had also tried to assault the real essence of 18th Amendment only to cure the corrupt political elite of the government. The movie was aired and played in the cinemas of Pakistan for at least 15 days and without assigning any reasons, for the sake of arguments if withdrawal of censor certificate or declaring uncertified film, no opportunity of hearing was granted to producers and directors and as such violation of Articles 10-A of the Constitution of Islamic Republic of Pakistan, 1973.

He said that the people of Pakistan had fundamental rights to view the movie in view of the Article 19 and any action in violation of Article 19 is void in terms of Article 8 and the impugned notification is not in accordance with law as directed in Articles 4 and 5 of the Constitution of the country.