' ASIF SAEED KHAN KHOSA, J.--- Through this writ petition the petitioner has made the following prayers before this Court:--- "Under the above mentioned submissions, it is most respectfully prayed that this writ petition may please be accepted and it may be declared that the restriction contained in the West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance does not apply to use of Loud Speakers in Imam Bargahs and Masajid.
' It is further prayed that as consequential relief the F.I.R. No,367 of 2006 and F.I.R. No,368 of 2006 and F.I.R. No,369 of 2006 registered at Wandat Colony Police Station Lahore may please be declared to have been registered in violation of the constitutional freedom of religion, and the said F.I.Rs, are without lawful authority and of no legal effect.
' It is further prayed that it may be declared once for ever that prayers are exempt from the West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance and for Majlis there is no necessity to get permission from any authority for the use of loud speaker."
2. As regards the first prayer made by the petitioner seeking a declaration that the restriction contained in the West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965 does not apply to use of loudspeakers and sound amplifiers in Imam Bargahs and Masajid suffice it to observe that the provisions of section 2 of the said Ordinance clearly manifest the intention of the Legislature that there is no restriction placed upon any mosque or any other place of worship regarding use of a loudspeaker or a sound amplifier and the only restriction placed therein is in respect of use of a loudspeaker or a sound amplifier in a manner which may offend, injure or affect others outside a mosque or any other place of worship. This prayer made by the petitioner, therefore, does not call for issuance of any declaration by this Court as the relevant Ordinance does not contemplates an absolute restriction at all.
3. As regards the second prayer made by the petitioner in respect of F.I.Rs, Nos.367, 368 and 369 of 2006 registered at Police Station Wandat Colony, Lahore it may straightaway be observed that the learned Assistant Advocate-General appearing for the respondents has pointed out before this Court that the above mentioned F.I.Rs, Nos.368 and 369 of 2006 have already been recommended for cancellation whereas in case F.I.R. No,367 of 2006 a challan has already been submitted before the learned trial Court. In view of this information supplied by the learned Assistant Advocate- General no interference of this Court is warranted in matters pertaining to the F.I.Rs, already recommended for cancellation and in the F.I.R. In which a challan has already been submitted before the learned trial Court. It goes without saying that in the case in which a challan has already been submitted before the learned trial Court the petitioner has a remedy available to him under section 249-A, Cr.P.C. Seeking his premature acquittal from the learned trial Court.
4. The last prayer made by the petitioner through the present writ petition is that a declaration may be issued by this Court to the effect that the Majalis held by a particular sect of Muslims in Imam Bargahs or at any other place are exempted from any permission to be obtained from the relevant authorities. It may be observed by me in this context that it has already been held by this Court through its judgment dated 7-11-1994 rendered in Writ Petition No,4535 of 1993 that the provisions of the West. Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965 do not contemplate seeking'of or issuance of any permission for the use of a loudspeaker or a sound amplifier in a religious congregation or assemblage. Apart from that the learned Assistant Advocate-General appearing before this Court today has reiterated that no such permission is required under the above mentioned Ordinance and the concerned authorities only insist that they should be informed of such use of a loudspeaker or sound amplifier in advance so that the matters pertaining to security, etc. May be taken care of by the administration. In this context the learned counsel for the petitioner has asserted with vehemence that on all such occasions an intimation is invariably sent by the petitioner and others in advance to the relevant authorities before using a loudspeaker or a sound amplifier in a Majlis. In these circumstances no declaration as sought for through the present prayer needs to be issued by this Court.
5. This writ petition is hereby disposed of with the observations made above.