1. Muhammad Nasir has filed this revision petition against the judgment dated 30.1.2006, passed by learned Additional Sessions Judge, Arifwala, whereby, appeal brought by petitioner against the order dated 25.1.2006, passed by Learned Judicial Magistrate, Arifwala, was dismissed.
2. 2.Relevant facts for the disposal of this revision petition are that complaint under Ss. 3 and 4 of the Punjab Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2003 was filed against the petitioner and learned trial Court vide order dated 26.1.2006 convicted the petitioner and directed him to pay Rs, 1,00,000/- as fine or in default whereof to suffer S.I. for one month. The petitioner filed appeal thereagainst which was dismissed vide judgment dated 30.1.2006, passed by learned Additional Sessions Judge, Arifwala. Hence this revision petition.
3. 3.Heard. Record perused.
4. 4.Learned counsel for the petitioner submits the impugned judgments are against law and facts of the case. He further submits that according to P.L.D. 2005 S.C. 186, the Punjab Magistrate Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2003 has been struck down, therefore, learned trial Court could not convict the petitioner under the said Ordinance. He further submits that learned trial Court could try the petitioner only under the Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2000 (II of 2000), therefore, impugned judgments are liable to set aside and he has prayed for remand of the case for decision afresh on merits and under said Ordinance, (II of 2000). Learned Additional Advocate General, concedes the proposition and he too submits that in the circumstances of the case, it is proper that case may be remanded for decision afresh. As such, in view of submissions made by learned counsel for the parties and relying upon the case of Ch. Muhammad Siddique and 2 others vs. Government of Pakistan through Secretary, Ministry of Law and Justice Division, Islamabad and others (PLD 2005 SC 186), this revision petition is accepted, impugned judgments are set aside and the case is remanded to learned trial Court for decision afresh on merits and according to Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2000.
5. The petitioner shall be released from jail forthwith, if no required in any other case. However, he (petitioner) shall appear before learned trial Court on 9.3.2006.