AMIR ABBAS MINHAS vs DEPUTY COMMISSIONER CHAKWAL Ss — 2021 PLD 630 LAHORE-HIGH-COURT-LAHORE

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AMIR ABBAS MINHAS VS DEPUTY COMMISSIONER CHAKWAL Ss. 19 & 10---Cancellation of declaration---Authentication of declaration---Scope---Appellant was aggrieved of annulment of declaration authenticated by District Co-ordination Officer under section 10 of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002---Show cause notice was issued containing the allegation of violation of the Press Council of Pakistan Ordinance, 2002 and the Ethical Code of Practice---Show cause notice alleged that a news about the death of a person was published in the newspaper of appellant and the allegations of death were attributed to the negligence of the doctor as well as the medical officer of the District Headquarter Hospital; that the imputation in the newspaper was untrue and that the action was initiated on the request of Medical Superintendent of the District Headquarter Hospital---Section 19(1) of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 provided that any person who was aggrieved from a newspaper could file an application to Press Registrar who would then forward the same to the District Co-ordination Officer for making a declaration---District Co-ordination Officer empowered to authenticate a declaration had power to cancel the declaration as well---District Coordination Officer could use the power of cancellation only when application in that regard was moved by the Press Registrar himself---District Co-ordination Officer had no suo motu power and he could not initiate the action on the complaint of any person apart from Press Registrar---Wording of show cause notice, in the present case, was very clear that the Press Registrar had not moved the complaint---District Co-ordination Officer had assumed the jurisdiction in the matter on the basis of incompetent application---Entire superstructure built upon illegal assumption of jurisdiction had to crumble on the ground of being coram non judice---Impugned order was set aside and the appeal was allowed, in circumstances.

AMIR ABBAS MINHAS vs DEPUTY COMMISSIONER CHAKWAL Ss — 2021 PLD 630 LAHORE-HIGH-COURT-LAHORE

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