The facts, which lead to the filing of this Constitutional petition, are that the petitioner, who is Chairman of non-political and non-profit organization "National Thinkers Forum" and is publishing a Fortnightly Journal in the name and style of "The Law", which is patronized by the said forum, had applied to the respondent No,1 for authentication of declaration under the Press Newspaper, News Agencies and Books Registration Ordinance, 2002, (hereinafter referred to as the Ordinance of 2002). Such application was received in the office of District Coordination Officer of the City District Government on 25-1-2003 but it remained unattended despite several reminders from the petitioner, and lapse of considerable period. In the above circumstances, the petitioner has preferred this petition praying therein for the following reliefs:- "On the facts and circumstances mentioned hereinabove it is respectfully prayed that this Honourable Court may be pleased to direct the respondent No,1 to give the number and certificate of declaration/authentication to the petitioner for the Fortnightly Journal "The Law".
Any other relief(s) as this Honourable Court may deem fit and proper."
2. On filing of this petition in the month of September, 2004, pre-admission notice was issued to the respondents on 14-10-2004. On 23rd November, 2004 comments have been filed by respondent No,3. In their parawise comments, respondent No,3 have not disputed any assertion of the petitioner made in the petition, except that in the penultimate para. of the comments it has been stated that the D.G.P. Lahore has informed them about the registration of another periodical with the same title "The Law" in Punjab.
3. The respondent No,1 in his parawise comments filed in Court on 19-1-1995 also did not dispute the assertions made by the petitioner in his petition, particularly filing of application for authentication in the office of District Coordination Officer on 25-1-2003, issuance of reminders by the petitioner, and its pendency till this date for no fault of the petitioner. It has been further stated in the comments that though some reports have been obtained by respondent No,1 from certain departments which are not against the petitioner but for want of other reports from some other departments, the processing of the application of the petitioner for grant of declaration/authentication under the Ordinance of 2002 has been delayed.
4. Petitioner Jawaid Ahmed Siddiqi, in his arguments, has made reference to section 4 of the Ordinance of 2002, which reads as under:-- "4. Keeper of printing press to make declaration.--- (1) No person shall keep in his possession any press for printing of books or papers, unless he has made and subscribed before the District Co- ordination Officer within whose local jurisdiction such press may be, by a declaration in Form 'A' or such other form as may be prescribed, and the District Co-ordination Officer shall, immediately upon the filing of such form, issue a receipt for the same.
(2) Every declaration made and subscribed under subsection (1) shall be authenticated under the signature and official seal of the District Co-ordination Officer before whom the said declaration is made.
(3) The District Co-ordination Officer shall, by an order in writing, refuse to authenticate a declaration made and subscribed under subsection (1) if he is satisfied that,-
(a) the title of the printing press proposed to be kept or operated is the same as the title of any printing press already being operated at any place in the Province; or
(b) the printer was convicted of an offence involving moral turpitude within five years before the date of his making and subscribing the declaration.
(4) The District Co-ordination Officer shall not pass an order under subsection (3) without giving to the person making the declaration, through a notice in writing, an opportunity of being heard.
(5) In case the District Co-ordination Officer fails to authenticate a declaration under subsection (2), or pass an order under subsection (3), within a period of thirty days, the declaration made by the printer shall be deemed to have been authenticated on the expiry of the aforesaid period.
(6) As often as the place where a printing press is kept is changed, the keeper of the press shall, within fourteen days of such change, inform the District Co-ordination Officer in writing of the change along with the new location: Provided that, if the place where the press is shifted is in another district, the keeper of the press shall inform the District Co-ordination Officer of both the districts from which, and to which, the press is shifted."
5. For grant of appropriate relief in this case, the petitioner has particularly stressed upon the language of subsection (5) of section 4 (ibid) to show that in case of failure of the District Coordination Officer to authenticate the declaration under subsection (2) or to pass an order under subsection (3) within a period of thirty days, the declaration made by the petitioner shall be deemed to have been authenticated automatically on the expiry of said period. Again referring to this provision of law, petitioner contended that the object of the Legislature in providing subsection
(5) in the relevant provision of law, is not to leave the concerned parties, applying for such of authentication at the mercy and whims of the concerned officer of respondent No,1 for an indefinite period. But in sharp contrast to it, the petitioner has been harassed and made to run pillar to post for a period of over two years for a work, which was supposed to be done by the concerned officer/respondent No,1, within the maximum period of thirty days. Lastly referring to the parawise comments available in the Court file, petitioner also contended that till this date respondents have not come forward with any genuine reason for withholding or refusing the required authentication to the petitioner though more than two years' period has passed in this exercise.
6. Mr. Abbas Ali, Additional Advocate-General, Sindh, for respondents Nos,2 and 3, did not seriously oppose the grant of relief to the petitioner, as prayed in the petition.
7. Mr. Manzoor Ahmed, learned counsel for respondent No,1, has again made a request for grant of further time to see that some appropriate decision is taken by the District Coordination Officer of the City District Government on the application of the petitioner. However, as regards the merits of the case of the petitioner for grant of authentication in terms of section 4 of the Ordinance of 2002, he was unable to controvert the assertions of the petitioner in any manner whatsoever. Learned counsel was also unable to offer any plausible explanation on behalf of respondent No,1, who not only failed to authenticate the declaration of the petitioner for over one year and six months before filing of this petition, as against statutory period of thirty days, but even after filing of this petition he continued with his non-serious attitude in attending this issue till this date.
8. On taking into account the relevant facts and circumstances of the case and the clear language of section 4 of the Ordinance, of 2002, we are of the firm opinion that by virtue of subsection (5)
(ibid), the fortnightly Journal of the petitioner in the name and style of "The Law", is deemed to have been authenticated by the District Coordination Officer as regards the declaration sought by it.
9. Above were the reasons which had left us with no other option but to allow this petition, as has been done by us in our short order' passed on 2-6-2005.
10. Before parting with this order, we would further like to express our displeasure over the casual and non-serious attitude of respondent No,1 in attending his official work, as highlighted in this order, which must have caused tremendous inconvenience, harassment and mental torture to the petitioner. It is expected that the concerned authority/ Government will take necessary steps in the matter to ensure that such things are not repeated in future and those responsible are identified and taken to the process of accountability to set an example for others.
A copy of this order be sent to the Chief Secretary, Government of Sindh, and Nazim, City District Government for perusal and appropriate action at their end.