ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

 

C.P. No. D- 1251 of 2016

C.P. No. D- 1252 of 2016

C.P. No. D- 1253 of 2016

C.P. No. D- 1254 of 2016

C.P. No. D- 1255 of 2016

C.P. No. D- 1256 of 2016

C.P. No. D- 1257 of 2016

C.P. No. D- 1258 of 2016

                         C.P. No. D- 1027 of 2016         

C.P. No. D- 1028 of 2016

C.P. No. D- 1029 of 2016

C.P. No. D- 1186 of 2016

C.P. No. D-1207 of 2016

C.P. No. D- 1208 of 2016

C.P. No. D- 1209 of 2016

C.P. No. D- 1371 of 2016

C.P. No. D- 1372 of 2016

C.P. No. D- 1373 of 2016

C.P. No. D- 1374 of 2016

C.P. No. D- 1280 of 2016

C.P. No. D- 1282 of 2016

C.P. No. D- 1214 of 2016

C.P. No. D- 1215 of 2016

C.P. No. D- 1135 of 2016

C.P. No. D- 1340 of 2016

C.P. No. D- 1224 of 2016

C.P. No. D- 1225 of 2016

C.P. No. D- 1289 of 2016

C.P. No. D- 1290 of 2016

C.P. No. D- 1108 of 2016

C.P. No. D- 1037 of 2016

C.P. No. D- 1291 of 2016

C.P. No. D- 1354 of 2016

C.P. No. D- 1353 of 2016

C.P. No. D- 1352 of 2016

C.P. No. D- 1307 of 2016

C.P. No. D- 1211 of 2016

C.P. No. D- 1212 of 2016

C.P. No. D- 1351 of 2016

C.P. No. D- 1287 of 2016

C.P. No. D- 1391of 2016

C.P. No. D- 1386 of 2016

C.P. No. D- 1387 of 2016

C.P. No. D- 1388 of 2016

C.P. No. D- 1389  of 2016

C.P. No. D- 1330 of 2016

C.P. No. D- 1331 of 2016

C.P. No. D- 1279 of 2016

C.P. No. D- 1308 of 2016

C.P. No. D- 1360 of 2016

C.P. No. D- 1218 of 2016

C.P. No. D- 1284 of 2016

C.P. No. D- 1188 of 2016

C.P. No. D- 1302 of 2016

C.P. No. D- 1052 of 2016

C.P. No. D- 1110 of 2016

C.P. No. D- 1357 of 2016

C.P. No. D- 1140 of 2016

C.P. No. D- 1142 of 2016

C.P. No. D- 1158 of 2016

C.P. No. D- 1240 of 2016

C.P. No. D- 1247 of 2016

C.P. No. D- 1305 of 2016

C.P. No. D- 1176 of 2016

C.P. No. D- 1335 of 2016

C.P. No. D- 1362 of 2016

C.P. No. D- 1364 of 2016

C.P. No. D- 1383 of 2016

C.P. No. D- 1384 of 2016

C.P. No. D- 1273 of 2016

C.P. No. D- 1276 of 2016

C.P. No. D- 1375 of 2016

C.P. No. D- 1148 of 2016

C.P. No. D- 1311 of 2016

C.P. No. D-1249 of 2016

C.P. No. D- 1260 of 2016

C.P. No. D- 1342 of 2016

C.P. No. D- 1379 of 2016

C.P. No. D- 1230 of 2016

C.P. No. D- 1380 of 2016

C.P. No. D- 1376 of 2016

C.P. No. D- 1377 of 2016

C.P. No. D- 1312 of 2016

C.P. No. D- 1361 of 2016

C.P. No. D- 1126 of 2016

C.P. No. D- 1152 of 2016

C.P. No. D- 1222 of 2016

C.P. No. D- 1346 of 2016

C.P. No. D- 1193 of 2016

C.P. No. D- 1196 of 2016

C.P. No. D- 1206 of 2016

C.P. No. D- 1259 of 2016

C.P. No. D- 1270 of 2016

C.P. No. D- 1277 of 2016

C.P. No. D- 1296 of 2016

C.P. No. D- 1319 of 2016

C.P. No. D- 1326 of 2016

C.P. No. D- 1323 of 2016

C.P. No. D- 1221 of 2016

C.P. No. D- 1111 of 2016

C.P. No. D- 1210 of 2016

C.P. No. D- 1187 of 2016

C.P. No. D- 1189 of 2016

C.P. No. D- 1190 of 2016

C.P. No. D- 1382 of 2016

C.P. No. D- 1390 of 2016

C.P. No. D- 1338 of 2016

C.P. No. D- 1264 of 2016

C.P. No. D- 1322 of 2016

C.P. No. D- 1337 of 2016

C.P. No. D- 1310 of 2016

C.P. No. D- 1347 of 2016

C.P. No. D- 1359 of 2016

C.P. No. D- 1366 of 2016

C.P. No. D- 1367 of 2016

C.P. No. D- 1329 of 2016

C.P. No. D- 1378 of 2016

C.P. No. D- 1356 of 2016

C.P. No. D- 1385 of 2016

C.P. No. D- 1370 of 2016

                C.P. No. D- 1321 of 2016

C.P. No. D- 1381 of 2016

                                       

 

DATE       ORDER WITH SIGNATURE OF JUDGE

 

       Present:  Mr. Justice Muhammad Ali Mazhar

                             Mr. Justice Anwar Hussain

 

Date of hearing 07.06.2016

 

 

Mr. Irshad Ali Khoso, Advocate for petitioner in C.P. No. D- 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258 of 2016

 

Mr. Abid Ali Thebo, Advocate for petitioner in C.P. No. D- 1027, 1028, 1029, 1186 of 2016

 

Mr. Muhammad Hassan Chandio, Advocate for petitioner in C.P. No. D-1207, 1208, 1209, 1371, 1372, 1373, 1374 of 2016

       

Mr. G.M. Leghari, Advocate for petitioner in C.P. No. D- 1280, 1282, 1214, 1215, 1135, 1340 of 2016

 

Mr. Rizwan Ahmed Memon, Advocate for petitioner in C.P. No. D- 1224, 1225, 1289, 1290, 1108 & 1037 of 2016

 

Mr. Karim Bux Rind, Advocate for petitioner C.P. No. D- 1291, 1354, 1353, 1352, 1307, 1211, 1212, 1351, 1287 & 1391of 2016

 

Mr. Poonjo Ruplani, Advocate for petitioner in CP No. D- 1386, 1387, 1388, 1389 of 2016

 

Mr. Sikandar Ali Khaskheli, Advocate for petitioner in CP No. D- 1330 & 1331 of 2016

 

Mr. Karamullah Memon, Advocate for petitioner in CP No. D- 1279, 1308 and 1360 of 2016

 

Mr. Haji Khan Hingorjo, Advocate for petitioner in CP No. D- 1218 & 1284 of 2016

 

Mr. Liaquat Ali Malik, Advocate for petitioner in CP No. D- 1188 & 1302 of 2016

 

Mr. Raja Hansraj Naurang, Advocate for petitioner in CP No. D- 1052, 1110 and 1357 of 2016

 

Mr. Hemandas, Advocate for petitioner in CP No. D- 1140 & 1142 of 2016

 

Mr. Mian Taj Muhammad Keerio, Advocate for petitioner in CP No. D- 1158, 1240, 1247 & 1305 of 2016

 

Mr. Mazhar Ali Leghari, Advocate for petitioner in CP No. D- 1176, 1335, 1362 and 1364 of 2016

 

Mr. Saeed Ahmed, Advocate for petitioner in CP No. D- 1383 & 1384 of 2016

 

Mr. Ahsan Gul Dahri, Advocate for petitioner in CP No. D- 1273, 1276, 1375 of 2016

 

Mr. Zulqarnain Talpur, Advocate for petitioner in CP No. D- 1148 and 1311 of 2016

 

Mr. Liaquat Ali Sangrasi, Advocate for petitioner in CP No. D-1249 and 1260 of 2016

 

Mr. Muhammad Bachal Unar, Advocate for petitioner in CP No. D- 1342 and 1379 of 2016

 

Mr. Mushtaq Ali Tagar, Advocate for petitioner in CP No. D- 1230 and 1380 of 2016

 

Syed Shahzad Ali Shah, Advocate for petitioner in CP No. D- 1312 & 1361 of 2016

 

Mr. Inam Ali Malik, Advocate for petitioner in CP No. D- 1321 & 1381 of 2016

 

Mr. Waqar Ali Leghari, Advocate for petitioner in CP No. D- 1126 of 2016

 

Mr. Ayaz Ali Ghuryani, Advocate for petitioner in CP No. D- 1152 of 2016

 

Mr. Muhammad Jameel Khan, Advocate for petitioner in CP No. D- 1222 of 2016

 

Mr. Muhammad Nadeem Tagar, Advocate for petitioner in CP No. D- 1346 of 2016

 

Mr. Aslam Baig Leghari, Advocate for petitioner in CP No. D- 1193 of 2016

 

Mr. Niaz Hussain Leghari, Advocate for petitioner in CP No. D- 1196 of 2016

 

Mr. Manzoor Ahmed Panhwar, Advocate for petitioner in CP No. D- 1206 of 2016

 

Mr. Muhammad Aslam Memon, Advocate for petitioner in CP No. D- 1370 of 2016

 

Mr. Muhammad Ahmed Khan, Advocate for petitioner in CP No. D- 1376 & 1377 of 2016

 

Mr. Waqar Ali G. Zanur, Advocate for petitioner in CP No. D- 1385 of 2016

 

Mr. Mir Naeem Talpur, Advocate for petitioner in CP No. D- 1356 of 2016

 

Mr. Agha Waqar Ali Ahmed, Advocate for petitioner in CP No. D- 1378 of 2016

 

Mr. Muhammad Aslam Solangi, Advocate for petitioner in CP No. D- 1329 of 2016

 

Mr. Faisal Ali Raza Bhatti, Advocate for petitioner in CP No. D- 1367 of 2016

 

Ms. Najma Lakho, Advocate for petitioner in CP No. D- 1366 of 2016

 

Mr. Aijaz Ali Bhtto, Advocate for petitioner in CP No. D- 1359 of 2016

 

Mr. Nasrullah Khaskheli, Advocate for petitioner in CP No. D- 1347 of 2016

 

Mr. Rasool Bux Solangi, Advocate for petitioner in CP No. D- 1310 of 2016

 

Mr. Imdad Ali Dahri, Advocate for petitioner in CP No. D- 1337 of 2016

 

Mr. Hatim Sakhi, Advocate for petitioner in CP No. D- 1322 of 2016

 

Mr. Muhammad Waseem Jamali, Advocate for petitioner in CP No. D- 1264 of 2016

 

Mr. Muhammad Nasir Abro, Advocate for petitioner in CP No. D- 1338 of 2016

 

Mr. Aijaz Chandio, Advocate for petitioner in CP No. D- 1390 of 2016

 

Mr. Hamid Khan Ghouri, Advocate for petitioner in CP No. D- 1382 of 2016

 

Mr. Ghulamullah Chang, Advocate for petitioner in CP No. D- 1190 of 2016

 

Mr. Nasrullah Unar, Advocate for petitioner in CP No. D- 1189 of 2016

 

Mr. Omparkash, Advocate for petitioner in CP No. D- 1187 of 2016

 

Mr. Ghulam Mustafa Hingorjo, Advocate for petitioner in CP No. D- 1210 of 2016

 

Mr. Muneer Ahmed Kalhoro, Advocate for petitioner in CP No. D- 1111 of 2016

 

Mr. Nadeem Hyder Tareen, Advocate for petitioner in CP No. D- 1221 of 2016

 

Mr. Masood Ellahi Sehto, Advocate for petitioner in CP No. D- 1323 of 2016

 

Mr. Chetan S. Kella, Advocate for petitioner in CP No. D- 1326 of 2016

 

Mr. Mir M. Buriro, Advocate for petitioner in CP No. D- 1259 of 2016

 

Mr. Hakim Ali Siddiqi, Advocate for petitioner in CP No. D- 1270 of 2016

 

Mr. Nehrulal Bheel, Advocate for petitioner in CP No. D- 1277 of 2016

 

Mr. Z.A. Kandhro, Advocate for petitioner in CP No. D- 1296 of 2016

 

Mr. Nouman Ali Sehto, Advocate for petitioner in CP No. D- of 2016

 

Mr. Allah Bachayo Soomro, Addl.A.G.

 

 

MUHAMMAD ALI MAZHAR, J.- The petitioners are proprietors/owners of different hotels and restaurants in all 122 Constitutional Petitions who are carrying on their business within the territorial jurisdiction of this Court. They have brought aforesaid Constitutional Petitions for restraining orders against the respondents, as according to them their business activity is protected under the Exemptions provided under Section 5 of the Ehtram-e-Ramzan Ordinance, 1981, but they apprehend that the Official Respondents will cause severe impediment and obstacles and will not permit them to function and operate their business during the Holy Month of Ramzan in accordance with law, and in this regard verbal warnings have already been issued to them.

 

2. Many Petitions are already fixed today in the main Cause List, while many learned advocates sought permissions in the morning for similar and identical Petitions for hearing on urgent motion. All such Petitions in which permissions were granted today are fixed in the Additional Cause List. Since similar and identical question is  involved in said Petitions also, therefore, the learned A.A.G. has waived the notices of all such Petitions and copies have been supplied to him and he concedes to that all such Petitions may also be taken up for hearing today along with the Petitions already fixed in the main Cause List. Similarly, the learned counsel for the petitioners also in one voice agreed that since the Petitions require urgent hearing, therefore, all 122 Constitutional Petitions may be heard and decided today at katcha peshi stage.

 

 

3. The Ehtram-e-Ramzan Ordinance 1981, was promulgated in view of the tenets of Islam for providing measures to observe the respect and sanctity of the Holy Month of Ramzan. The Ehtram-e-Ramadan (reverence of Fasting) Ordinance, provided that complete sanctity be observed during Ramadan. Under Section 2 of the Definition clause, the public place includes any hotel, restaurant, canteen, house room, tent, enclosures, road, lane, bridge or other place to which the public have access. It is amply provided under Section 3 of this Ordinance that no person in the tenets of Islam, who is under an obligation to fast shall eat, drink or smoke in a public place during fasting hours in the month of Ramzan, whereas under Section 4 of the same Ordinance, restrictions have been imposed that no proprietor, manager, servant or other person in charge of a hotel, restaurant or canteen or other public place shall knowingly and willfully offer or serve or cause to be offered or served any eatables during fasting hours in the month of Ramzan to any person, who according to the tenets of Islam is under an obligation to fast. The contravention of this provision is liable to punishment with simple imprisonment for a term which may extend to three months or with fine, which may extend to 500/- (five hundred rupees), or with both.

 

3. All the learned counsel appearing for the petitioners argued that their petitioners are operating their hotels and restaurants strictly in accordance with law and their business activity is covered by the exemptions entrenched and embedded under Section 5 of the aforesaid Ordinance. If we would look into Section 5 of Ordinance, 1981, a variety of exemptions are provided which are reproduced as under:-

 

5.     Exemption.- 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 dinning-car of a train; or

 

(d)    a kitchen or canteen meant for children within the premises of a primary school.

 

4. We have also seen the amendment made subsequently in the Ehtram-e-Ramzan Ordinance, 1981, whereby clause (b) of Section 5 of the Ordinance, has been substituted as under:-

 

(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.

 

 

(Substituted by Ehtram-e-Ramzan (Amendment) Ordinance, 1981)

 

 

5. The learned A.A.G. argued that this Ordinance was promulgated to save and protect the sanctity of Holy Month of Ramzan, therefore, certain restrictions were imposed to avoid eating at public places. However, he agreed that in the Ordinance certain exemptions are provided and the persons covered under the exemptions can carry on their business even in the month of Ramzan in view of Section 5 of the Ordinance. He further assured that if the business of the petitioners is protected under Section 5 of the Ordinance, then no hindrance shall be caused to them and they shall be allowed to run their business activity in accordance with law.

 

5. We have also examined Section 9 of the Ordinance, in which the Federal Government, has the powers to make the rules for carrying out the purposes of this Ordinance. In sub-section 2, it is provided that without prejudice to the generality of the foregoing provisions, such rules may provide that in a canteen, restaurant or dining-car referred to in clause (a), (b), (c) and (d) of Section 5, eatables or articles of smoking shall only be served at a place protected from public view by means of a curtain or otherwise, and specify the classes of persons who may be admitted to any such canteen, restaurant or dinning-car during fasting hours in the month of Ramzan. Though a number of exemptions are granted under Section 5 of the Ordinance, to operate hotel and restaurant in the month of Ramzan but it is obligatory and essential that during the Holy Month of Ramzan any such activity should be conducted with necessary precautions so that it should not be exposed to public view or access but it should be done with proper arrangement of curtain and screen.

 

6. The punishment for violation or contravention of the said Ordinance and power to enter and arrest, taking of cognizance of the offences and procedure is provided under Section 7 and 8 of the Ordinance. Since all the petitioners claim that their business activity is protected under the exemption clause and they will not conduct their business beyond the parameters of the exemptions, therefore, the aforesaid Petitions are disposed of along with pending applications in the following terms.

 

(1)                 The petitioners may continue the business activity strictly in accordance with the exemptions provided under Section 5 of the Ehtram-e-Ramzan Ordinance 1981 in a canteen, restaurant or dining car referred to in clauses (a), (b), (c), or (d) of Section 5, protected from public view by means of a curtain or screen or otherwise.  

 

(2)                 In case of any violation or contravention of the Ordinance or the petitioners are found in breach of any provision of Ehtram-e-Ramzan Ordinance 1981,  the competent authority may initiate action in accordance with the provisions of the Ehtram-e-Ramzan Ordinance, 1981.

 

3. Copy of this order may be transmitted to the learned Additional Advocate General, Sindh, Hyderabad and all the Deputy Commissioners of Hyderabad Division, Shaheed Benazirabad Division and Mirpurkhas Division for information and compliance.

 

                                                                        Judge

 

                                        Judge