AZIZ-UR-REHMAN, J.---Per averments made in the above/listed petitions, the petitioners are proprietors/owners of the hotels, restaurants or canteen, who are carrying on their business within the territorial jurisdiction of' the High Court of Sindh, Circuit Court Hyderabad. According to the petitioner's version, their business activity is protected, as claimed, under 'Exemptions' provided under section 5 of the Ehtram-e -Ramazan Ordinance, 1981. According to the petitioners, since holy month of Ramazan is likely to start from 17th May, 2018 [subject to appearance of moon], as such, they apprehend that the official respondents will cause severe impediment, in the way of doing/carrying on the business of the petitioners within the parameters of exemptions, as provided under section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. The official Respondents, as apprehended by petitioners, beside creating obstacles in the way of the petitioners will not accord permission to the petitioner[s] to run/operate their business in accordance with exemptions as per section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] during the holy month of Ramazan. Moreover , the official Respondents, as alleged, by the petitioners in this regard, have already issued verbal 'warnings / threats' to the petitioners.
2. In all the above petitions, since a similar and identical question, is involved, the learned A.A.G., as such, opted to waive notice[s] in all these petitions, in which either notices have not been issued and/or otherwise, the same remained un-served on the official Respo ndents and A.A.G. Nevertheless, learned A.A.G. upon receiving copies of the petitions and annexures therewith if any, besides, waiving notice, concedes that all the above petitions be taken-up together and 'disposed of by a 'common order' to which all the learned counsel for petitioners, present in Court, extended their no objection. In this regard reference was made to the case of Arshad Muhammad and others v . Province of Sindh and others [SBLR 2016 DB Sindh 1751] .
3. Heard.
4. Before proceeding further , at this juncture, we would like to reproduce herein, Section 5 of the Ehtram-e- Ramazan Ordinance, 1981 [Ordinance XXIII of 1981], which reads as follow:
5. Exemptions. - Nothing contained in section 4 shall apply in respect of-
(a) A canteen or kitchen maintained in a hospital for serving food to patients;
(b) A restaurant or canteen within the premises of a railway station, airport, or seaport or bus stand or in a train or aircraft;
(c) A kitchen or dining-car of a train; or
(d) A kitchen or canteen meant for children within the premises of a primary school.
5. It is significant to note, that the aforesaid clause (b) of section 5 of Ehtram-e-Ramazan Ordinance, 1981, has subsequently been substituted/amended by Ehtram-e-Ramazan [Amendment] Ordinance, 1981. The subsequently amended / substituted clause (b) of Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 now reads as follows:- "(b) a restaurant, canteen, stall or wheel barrow , or the holder of a vending contract, within the premises of a railway station or in a train or a restaurant or canteen within the premises of an airport, seaport, or bus stand or in an aircraft; "
6. No doubt, a number of the 'exemptions' under section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] regarding operation of restaurants and canteen etc. as above, have been provided in the holy month of Ramazan but, in our view, at the same time, it is obligatory for the proprietors / owners of the restaurants, canteen etc., as above, to do such activity strictly in terms of the `exemptions' as mentioned / provided under section 5 of the Ehtram-e-Ramazan Ordinance, 1981.
7. The 'business activity' permitted in terms of 'exemptions', of course, shall needs to be done with utmost respect to the holy 'Month of Ramazan' and that too, subject to the necessary 'pre-cautions' and permission to be obtained from the concerned official Respondents/Magistrates inter alia for ensuring that no any, such activity is conducted/carried out at the restaurants and other places which must needs to fall within the ambit of 'exemptions' as provided under Section 5 of the Ehtram-e-Ramazan Ordinance, 1981. Moreover , such an activity at the places shall fall under the 'exemption' and in no manner should be allowed, to be exposed to the public view or access.
Rather such an activity , keeping in view the tenets of Islam, is to be done/carried with proper restricted arrangements of curtain and screen, otherwise, the petitioners would expose them selves for punishment, who do any such an activity of running restaurant, canteen etc. in contravention of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981] as provided under the provisions of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981].
8. For and in view of the above, all the listed/above petitions stand `disposed of in the following terms:- a. The petitioners may continue the business activity , which as asserted by the petitioners, would be properly protected from public view by means of a curtain or screen and further such an activity of running restaurant, canteen etc. duly falls within the scope of clauses (a), (b), (c) or (d) of Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. b. Further , the petitioners will not conduct their business activity beyond the parameters of the 'exemptions', as provided under Section 5 of the Ehtram-e-Ramazan Ordinance, 1981 [Ordinanc e XXIII of 1981], in a canteen, restaurant or dining car referred to and mentioned in clauses (a), (b), (c) or (d) of Section 5 of the Ehtram-e- Ramazan Ordinance, 1981 [Ordinance XXIII of 1981]. Besides, such activity shall also be duly protected , from public view by means a curtain or screen or otherwise. Moreover , such an activity shall be subject to proper 'verification' and, vigilant checking by the concerned Magistrates/of ficial Respondents, as and when the concerned Magistrates/of ficial Respondents deem it necessary and proper with a view to ensure the Ehtram-e-Ramazan. c In case of any sort of violation or contra vention of the Ehtram-e-Ramazan Ordinance, 1981, by the petitioners or any one of them the concerned Magistrates/the competent authority/ official Respondent[s] is/are free to initiate legal action, as provided under the Ehtram-e-Ramazan Ordinance, 1981 [Ordinance XXIII of 1981].
9. Office is directed to transmit copy of this order to the learned A.A.G. Sindh Hyderabad and all the concerned Sessions Judges, Deputy Commissioners/Magistrates/Of ficial Respondents of Hyderabad, Shaheed Benazirabad and Mirpurkhas Divisions , for information and strict necessary compliance.
10. All the above petitions stand 'disposed of accordingly along with all pending application[s], if any .