This Constitutional writ petition was filed by the Pakistan Chest Foundation (Regd.), Lahore, and the Pakistan Anti-Tuberculosis Association, Lahore in pro bono publico litigation seeking the following relief:-- "It is, therefore, respectfully, prayed that it may kindly be declared that the broadcasting and telecasting of advertisements on Pakistan Radio Network and Pakistan Television promoting sale of cigarettes and sponsorship of programmes displaying commercials and banners by the cigarette companies are illegal and without lawful authorities. The respondents Nos.1 to 6 may kindly be further restrained from permitting or displaying commercials and banners by broadcasting and telecasting as the case may be, and arranging and associating with the sponsored programmes of the Pakistan tobacco company, respondent No,7, on the P.B.C. And P.T.V. To promote sale of cigarettes."
2. This was accepted by my learned brother Muhammad Aqil Mirza, J., through a short order dated 21-3-1997. Subsequently, my learned brother gave details and reasons and in paragraph 44 of the judgment issued directions to the respondents for taking measures as are incorporated at pages Nos. 82 and 83 of the file. However, the reasons were given at a time when my learned brother had already retired and consequently these were of no effect. The matter, therefore, came up for re- hearing before this Bench.
3. This Court has been shown a copy of the Ordinance No,LXXIV of 2002 Prohibition of Smoking and Protection of Non-smokers Health Ordinance, 2002. In paragraph 1(3) of the Ordinance, it is said that it shall come into force on such date as the Federal Government may, by notification in the Official Gazette, specify.
4. This respondents' side has categorically stated before this Court that it shall obey the law as reflected in the Ordinance and as amended from time to time after the Federal Government issues a notification in the Public Gazette.
5. According to the learned counsel for the petitioner, after having promulgated the Ordinance, the Government was bound to issue a notification specifying a date in the Official Gazette when it was to become enforceable. That by not doing so, the Federal Government was delaying the implementation of an Ordinance which has been carefully drafted and reflects aspirations of the people of Pakistan against the. Ill-effects of tobacco which were posing a serious threat to the health of the people and the environment. That this way, the wishes of the people as reflected by the Legislature were being set at naught by the subordinate authorities, to whom a direction be issued for issuance of the notification. In this connection, he has made a reference to the cases of
(1) Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404 and Government of Sindh through Chief Secretary to Government of Sindh, Karachi and others v. Sharaf Faridi and others PLD 1994 SC 105.
6. When a law requires a Government to specify a date when an already promulgated Ordinance is to be enforced, it is expected that the Government shall specify the date within a reasonable time in the public interest and in this connection the matter cannot be left to uncertainty by the subordinate authorities, who are duly bound to give effect to the law with convenient dispatch.
7. We find that the Ordinance LXXIV of 2002 (Prohibition of Smoking and Protection of Non-Smokers Health) was published on 15th of October, 2002, in the Official Gazette. Already about 5 months have elapsed, while the public is looking in askance for its enforcement so that its benefits are enjoyed by the public as soon as possible.
8. Incidentally, it may be mentioned that inaction, inaptitude and delayare ingredients of "maladministration" and are opposed to good governance.
9. Consequently, this Court issues directions to the Federal Government for specifying a date for purposes of enforcement of the aforementioned Ordinance within a period of three months from today under report to this Court through its Deputy Registrar (Judicial) by the 1st of July, 2003. A copy of this order be immediately sent to the honorable Secretary, Ministry of Law, Justice and Human Rights, Islamabad, for necessary action in this connection.
10. The Writ Petition No,15957 of 2000 is also disposed of alongwith this writ Petition bearing No,14433 of 1194 in view of having a common purpose.