' MAULVI ANWARUL HAQ, J.---This petition challenges the conviction of Haji Mohammad Akb.Ar Shakir petitioner No,1 under the provisions of Marriages (Prohibition of Wasteful Expenses) Act, 1997 and sentenced to pay fine of Rs,1,00,000. The sentence stands executed and fine has been paid vide receipt No,3482 dated 22-7-1997.
2. According to the writ petition the son of petitioner No,1, namely, Shahid Shakir was married at Mandi Bahauddin and ceremony was held on 19-7-1997. The local press reported that marriage was celebrated in pompous manner and that thousands of persons were served with meal.
Consequently a fine of Rs,1,00,000 imposed and recovered from petitioner No,1.
3. In comments filed on behalf of respondent No,1 it has been stated that proceedings were initiated on written complaint of the S.H.O. Concerned police station. There is no reference to any warrant or summon being issued or to frame of charge or to trial. However, it is submitted that said fine was imposed and recovery was not denied.
4. Mr.M.J.I. Jafree, learned counsel for the said petitioner argues that the conviction, the sentence and recovery of tine is void. He refers provisions of the said Act. 1997 to urge that' no Court could have taken cognizance of the mater otherwise then in accordance with section 8 of the said Act.
No one has turned up for the respondents who are accordingly proceeded against ex parte.
5. We have gone through the provisions of the Marriages (Prohibition of Wasteful Expenses) Act, 1997 with the assistance' of the learned counsel. Section 3 of the said Act prohibits ostentatious celebration of a marriage while section 4 restricts wasteful expenses. Section 7 states that the contravention of the provisions of section 3,4 and 5 shall constitute offence punishable with fine which shall not be less than Rs,1,00,000 and not more than Rs,3,00,000. Section 8 laid down in mandatory terms that no Court shall take cognizance of offence under the said Act except on a complaint in writing by the Committee. Section 20(a) defines "Committee" to the mean an Ehtesab Committee constituted under section 6. Under section 6 of the Provincial Government is to constitute Ehtsab Committee for each Sub-division, Tehsil or Taluka by Notification in the Official Gazette. This Ehtesab Committee so constituted is to be responsible for implementation of the provisions 'of the said Act in accordance with. Rules made thereunder.
6. Having thus examined the provisions of said Act. 1997, we do find ourselves in agreement with the learned counsel that the impugned conviction and sentence also the recovery of tine is wholly illegal and void for the reasons that there is no complaint in writing by any Ehtesab Committee reporting contravention of the provisions of section 3 or section 4 by petitioner No,l. This being so no Court could have taken cognizance of any offence under the said Act and there is no question of any conviction or sentence. This writ petition accordingly is allowed, the impugned conviction and sentence is set side. Petitioner No,1 shall be entitled to receive back the amount of Rs,1,00,000 recovered from him by way of fine. Since the state has not opted to contest this petition, there is no order as to, costs.