1. ' SYED ZAWWAR HUSSAIN JAFFERY, J.---This appeal has been filed under section 20 of Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 against the impugned order dated 23-8-2005 passed by respondent No.2 regarding issuance of weekly magazine Asr-e-Quaid.
2. The appellant claims to be the Editor and Publisher of the said magazine.
3. ' Brief facts as narrated in this appeal are that the appellant is a senior journalist and working as Editor and Publisher of the daily Urdu Magazine Quaid, Karachi for which declaration awarded to him on 25-6-1996 as per annexure 'B'. The said weekly Quaid was brought out and published by the appellant in accordance with law till 1999 but due to unavoidable circumstances the publication of said magazine was not regular. The appellant filed application on 9-5-2005 for renewal of the said magazine to the respondent No.2 along with bank statement as required under the rules. The respondent No.2 after receipt of application called for report/comments from the S.P. Special Branch as well as Town Police officer North Nazmiabad as per annexure 'D'. The concerned officials sent their reports in favour of appellant and stated in the reports that the name 'Quaid' for Karachi is existing for the centralized record of Press Information Department, Government of Pakistan Islamabad as per Annexures 'E-1 to E-3'. The respondent No.2 offered the appellant to choose another name instead of 'Quaid'. The appellant replied to the respondent No.2 that the name Asr- e-Quaid is not existing in the centralized record of Press Information, Government of Pakistan, Islamabad, therefore, the respondent, No.1 extended no objection for the grant of declaration in favour of appellant as per annexure 'F-1 to F-3'. It is further stated that respondent No.2 refused/regretted the request without affording an opportunity with no cause and reason, as per impugned order dated 23-1-2005 as annexed to this petition as 'A' at page 11.
4. ' Mr. Nasir Rizwan Khan learned counsel for the applicant contended that impugned order dated 23-8-2003 passed by the respondent No.2 is absolutely illegal and without any lawful authority as wrong information was communicated is (sic) respondent No.2 further submits that as per subsection (2) of section 10(3) of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002 neither opportunity was provided nor any notice in writing was issued so that the appellant may rebut his contention, therefore, steps taken by the respondent No.2 by passing impugned order is absolutely without jurisdiction. He further urged that the Deputy Director, Information (Press) has filed her parawise comments in this appeal but no substance has been brought on record for refusing the prayer of the appellant. It is further pointed out by Mr. Rizwan that on 4-8-2005 the DDG/Press Registrar, Ministry of Information, Government of Pakistan, Islamabad sent a letter that the title 'Asr-e-Quaid' is not existing in their centralized record and Press Information Department, Government of Pakistan has no objection to the allotment of title to the applicant. It is further disclosed in the comments that after receiving the letter, NOC was issued on the same date to the DCO Karachi that the Information Department has also no objection for grant of declaration of the above said title in favour of the appellant. It is also urged that after filing of this appeal the respondents Nos.l and 2 have not filed their counter-affidavits to rebut the allegations made by the appellant in this appeal. Mr. Rizwan has further pointed out that as per annexure 'F-3' at page 31 the Information Officer (Press) vide her letter dated 4-8-2005 no objection certificate was issued for authentication of declaration for magazine/weekly Urdu `Asr-e- Qauid' to the District Coordination Officer, City District Government, Karachi.
5. ' Mr. Sardaruddin Qureshi on behalf of Agha Zafir learned A.A.-G has conceded that the impugned order was passed without affording any opportunity through a notice in writing to the appellant, therefore, the impugned order may be set aside as the same was passed against the provision of section 10(3) of the Press, Newspapers, News Agencies and Books Registration Ordinance, 2002. Mr. Manzoor Ahmed legal Advisor of the City District Government, Karachi is called absent. This matter was taken in the earlier time but no appearance was made by the said officer. Again this matter has been taken up, the respondent No.2 in spite of the service has not filed counter-affidavit rebutting allegation in this appeal.
6. I have heard learned counsel for the appellant as well as the State Counsel on behalf of A.A.-G. The respondent No.2 after receipt of the application filed by the appellant called for report/comments from A the S.P. Special Branch Karachi as well as from the Town Police Officer North Nazimabad. The said Police Officers sent their reports in favour of appellant stating therein that the name 'Quaid' for Karachi is existing in the centralized record of Press Information Department, Government of Pakistan, Islamabad in spite of that the respondent No.2 without affording any opportunity of hearing to the appellant passed the impugned order which is contrary to law as provided under - subsection (2) of section 10(3) of the Press. Newspapers, News Agencies and Books Registration Ordinance, 2002. Learned State Counsel has also supported the arguments of the learned counsel for appellant and pointed out that there was sufficient report in favour of appellant but a mechanical order was passed by the respondent No.2 regarding its authentication of declaration.
7. The respondent No.2 has not filed his counter affidavit but the comments filed by the said ' respondent disclosed that no objection certificate was issued by the DDG/Press Registrar, Ministry of Information on 4-8-2005 and pointed out that the title Asr-e-Quaid is not existing in the centralized record, therefore, they have no objection to the allotment of the title as stated above to the appellant.
8. In view of the sufficient material brought on record, I am of the view that the impugned order is perverse and without jurisdiction, the same is set aside as prayed. The appellant has inalienable right guaranteed by the Constitution of the Islamic Republic of Pakistan, therefore, the appeal is allowed. The appellant is entitled to publish Urdu Weekly Magazine namely Asr-e-Quaid. The respondent No.2 is directed to grant authentication of the declaration immediately in favour of the appellant.
9. ' M.A. No.49 of 2005, stands disposed of in above terms along with listed application (C.M.A. No,2876 of 2003).