SHC rejects eateries’ plea to operate during fasting hours

Court issues directives to ensure no eatery operates in public places during fasting period

HYDERABAD: The eateries desiring to carry on their business as usual during the fasting hours in Ramazan, because of their locations along bus stops and hospitals, had their petitions thrown out en masse by the Sindh High Court (SHC) on Monday.

SHC Hyderabad circuit bench comprising Justice Muhammad Iqbal Kalhoro and Justice Fahim Ahmed Siddiqui dismissed 262 identical petitions seeking exemption from Ehtram-e-Ramazan Ordinance 1981.

The ordinance makes it obligatory to close all restaurants, hotels, fast food outlets, tea shops and even stalls during fasting hours.

The bench pointed out that Section V of the ordinance restricted exemptions to only certain eateries. These include a canteen or a kitchen in a hospital, a restaurant, a canteen or a stall on the premises of a railway station, airport, seaport, train, aircraft or bus stand, and a kitchen or a canteen in a primary school. "Since in all the petitions, the places mentioned do not fall within exemption given under Section V of the ordinance, therefore, all the petitions are dismissed," reads SHC's order.

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The petitioners had maintained that their eateries were located at bus stops. The court noted that the petitioners had taken up the plea since their outlets were at bus stops they qualify for exemption under Section V.

In Section V instead of bus stop, the word bus 'stand' is used which when read in context does not mean roadside bus stop or layover which is a point where a bus stops for boarding and alighting passengers during transition between terminus, maintained the court. The bench further elaborated that Section V allowed eateries to operate 'within' premises of a bus stand which also indicated that bus stops and layovers cannot be mistaken as stands.

Similarly, it isn't sufficient to come under exemption that a canteen, restaurant or refectory is situated near a hospital.

The court went on to direct all district and session judges, and deputy commissioners (DCs) in the province, to ensure that no restaurant, hotel, stall or tea shop operate in public places during the hours of fasting. The court asked the registrar to circulate a copy of the SHC's order among all DCs for compliance.

Published in The Express Tribune, May 7^th, 2019.