Renew licences of fireworks traders within a month, LHC directs district officers

Similar order was passed in May but was not adhered to.

LAHORE: The Lahore High Court on Monday directed all district coordination officers (DCOs) of the province to renew the licences of all fireworks manufacturers in the Punjab within one month, according the standards set by the federal government under the Explosive Substances Act 1908.

The court passed this order on the petition of Munir Ahmad Lachi and other 16 fireworks traders who, through their counsel Manzoor Ali Gillani, challenged the ban imposed by the Punjab home secretary on manufacture and sale, purchase and transportation of fireworks in the province.

The court held that if the fireworks manufacturers, sellers and purchasers fulfill the terms and conditions laid down for the business in law, they should be allowed to do business.

The government or its functionaries can not ban a lawful business, the judge held.

In this regard, the judge, Justice Umar Atta Bandial, directed DCOs of all districts of the Punjab to settle the issue after a case-to-case evaluation.

The Punjab home secretary, Shahid Khan, had earlier admitted in court that the ban on fireworks business was imposed without meeting all legal requirements. He also told the court that he was ready to withdraw the ban.

The home secretary had also told the court that according to the rules, the DCO of the respective district has the power to renew licences of fireworks traders, after a thorough checking of each business establishment.

The petitioners had contended in their petition that the ban on their businesses by the provincial government had ruined them financially. They had also submitted that thousands of people involved in the business of fireworks at various levels had lost their jobs after the ban.

The government is constitutionally responsible for providing employment to every citizen and it cannot deprive people of their lawful businesses, the petitioners had stated. They also termed the ban “unlawful” and “unconstitutional”.

Lachi and others said that on May 27, the Lahore High Court, in their earlier petition, had directed the home secretary and other government functionaries to settle the matter but no progress had been made even after a lapse of two months. They said the respondents were using delaying tactics.

The traders had prayed to the court to set aside the illegal and unconstitutional ban on fireworks business.

Published in The Express Tribune, November 2^nd, 2010.