1. The petitioner has sought a direction that action be taken against the respondents for playing and using loud speakers. Cognizance of such conduct come within the purview of the West Pakistan Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965. Section 5 of the Ordinance, 1965 clearly provides that the offence under the Ordinance is cognizable and any Police Officer not below the rank of Sub-Inspector may also seize any such equipment. Learned counsel points out that since the cognizance can be taken by a Court not less than the Magistrate of the 1st Class, therefore, this Court may take cognizance of the matter. The arguments are fallacious and this Court will not step into shoes of an authority which is already authorized by the Special Law in instant case, A Ordinance, 1965. In the instant case police can take action as the matter is cognizable.
2. ' Only in cases of inaction or wrongful exercise or failure of exercise of jurisdiction by a public functionary, perhaps, this Court may intervene in exercise of Constitutional jurisdiction. Contention of the learned counsel that direction to City Nazim may be issued to take cognizance, is equally untenable. Learned counsel was not able to assist this Court that as to how the City Nazim in any way a competent authority under Sindh Local Government Ordinance to attend such a malice.
3. Petitioner, if so advised, may approach the concerned Police Station to lodge the report for taking cognizance of the matter and act in accordance with law. The petition, along with the listed application is dismissed.