Ahmadi ( qadiani) Appeal dismiss by high court. Upheld the decision of DCO.

The case concerns the cancellation of the declaration for the Ahmadiyya community's monthly magazine "Misbah" due to its alleged propagation of Ahmadiyya beliefs, which is prohibited under Section 298-C of the Pakistan Penal Code.

### Key Points:

1. **Muttehida Ulema Board's Recommendation**:

- The Board recommended canceling the magazine's declaration, citing objectionable material promoting Ahmadiyya beliefs.

2. **District Coordination Officer's Notice**:

- The DCO issued a notice to Mr. Tahir Mehdi Imtiaz Ahmad Warraich, the magazine's printer, to explain the allegations.

3. **Hearing and Decision**:

- After reviewing the case, the DCO concluded that "Misbah" violated the law and ordered the cancellation of its declaration.

4. **Appeal**:

- Mr. Warraich appealed the decision, arguing lack of authority and discrimination.

- The court dismissed the appeal, finding the cancellation lawful and properly reasoned.

### Court's Short Order:

The appeal against the cancellation of the declaration for the monthly magazine "Misbah" is dismissed. The order dated February 15, 2012, by the District Coordination Officer, Chiniot, stands affirmed, canceling the declaration due to the publication's propagation of Ahmadiyya beliefs, in violation of Section 298-C PPC.

The appeal against the cancellation of the Ahmadiyya community's magazine "Misbah" is dismissed. The February 15, 2012, order by the District Coordination Officer, Chiniot, is upheld. The magazine's declaration is canceled for propagating Ahmadiyya beliefs, violating Section 298-C of the Pakistan Penal Code.

Stereo. H C J D A 38

JUDGMENT SHEET

IN THE LAHORE HIGH COURT, LAHORE

JUDICIAL DEPARTMENT

JUDGMENT

Press Appeal No.225/2012

Tahir Mehdi Imtiaz

Ahmad Warraich

VS.

Government of Punjab through

Secretary, Home Department

etc.

Ch. Muhammad Iqbal, J:- Through this appeal under

Section 20 of the Press, Newspapers, News Agencies and Books

Registration Ordinance 2002, the appellant has challenged the

validity of order dated 15.02.2012 passed by the District

Coordination Officer, Chiniot who while invoking jurisdiction

under Section 19 of the Ordinance ibid, cancelled the declaration

in respect of Monthly Magazine “Misbah” and the appellant/

printer was directed to stop the circulation of the said magazine.

Brief facts of the case as stated by learned counsel for the

appellant are that the appellant is the publisher of Monthly

Magazine “Misbah” [hereinafter referred to as the “magazine”]

published from Chanab Nagar (Rabwah) District Chiniot for the

female followers of Quadiani group. The original publisher

namely, Sh. Khurshid Ahmad had died and the appellant has

applied for substituting his place as such the respondent No.2 has

treated the appellant as publisher. The appellant received a show

cause notice (No.1532 dated 01.02.2012) from respondent

Press Appeal No.225/2012

No.2/D.C.O, Chiniot wherein it was mentioned that the magazine

contained objectionable material under Section 298-C of the

Pakistan Penal Code and appellant was further called upon that as

to why the magazine should not be banned and its declaration be

cancelled under Section 19 of the Press, Newspapers, News

Agencies and Books Registration Ordinance 2002. The appellant

appeared before the respondent No.2 on 06.02.2012 and also got

recorded his statement regarding compliance of law. On

15.02.2012, the appellant received an order from the respondent

No.2 whereby the declaration in respect of the magazine was

cancelled and order was passed to stop the printing, publication

and circulation of the said magazine. Hence, this appeal.

I have heard learned counsels for the parties and have

gone through the record.

The matter in issue relates to cancellation of declaration of

press/ publication of a magazine/Misbah. Under Article 19 of the

Constitution of the Islamic Republic of Pakistan, 1973

[hereinafter referred to as “Constitution”], every citizen has a

right of freedom of speech and expression as well as freedom of

the press but said rights can only be enjoyed subject to the

conditions imposed in the said Article as well as the law. For

ready reference, Article 19 of the Constitution is reproduced as

under:

“19.

Every citizen shall have the right to freedom of speech and

expression, and there shall be freedom of the press, subject to any

reasonable restrictions imposed by law in the interest of glory of

Islam or the integrity, security or defence of Pakistan or any part

thereof, friendly relations with foreign States, public order, decency

or morality, or in relation to contempt of court, commission of or

incitement to an offence.”

(emphasis supplied)

As the matter in issue relates to the publication of a magazine

which publication falls within the domain of “press” and the

Article ibid while guaranteeing the freedom of press gives

Press Appeal No.225/2012

authority to impose restriction in accordance with law. For press

entities, an Ethical Code of Practice has been given in the

Schedule of the Press Council of Pakistan Ordinance, 2002,

which is reproduced as under:

“Schedule

(See Section 8 (I) (iv))

Ethical Code of Practice

An Ethical Code, of Practice is formulated as under for the

press for the purpose of its functioning in accordance with the

canons of decency, principles of professional conduct and precepts

of freedom and responsibility to serve the public interest by

ensuring an unobstructed flow of news and views to the people

envisaging that honestly accuracy, objectivity and fairness shall be

the guidelines for the press while serving the public interest in any

form of publication such as news items, articles, editorials, features

cartoons, illustrations, photographs and advertisements: etc-

(1) The press shall strive to uphold standards of morality and

must avoid plagiarism and publication of slanderous and libelous

material.

(2) The press shall strive to publish and disclose all essential

and relevant facts and ensure that the information it disseminates is

fair and accurate.

(3) The press shall avoid biased reporting or publication of

unverified material, and avoid the expression of comments and

conjecture as established fact, Generalization based on the

behaviour of an individual or a small number of individuals will be

termed unethical.

(4) The press shall respect the privacy of individuals and shall

do nothing which tantamounts to an intrusion into private, family

life and home;

(5) Rumours and unconfirmed reports shall be avoided and if

at all published shall be identified as such.

(6) The information, including picture, disseminated shall be

true and accurate.

(7) The press shall avoid originating, printing, publishing and

disseminating any material, which encourages or incites

discrimination or hatred on grounds of race, religion, caste, sect,

nationality, ethnicity, gender, disability, illness, or age, of an

individual or group.

(8) The press shall not lend itself to the projection of crime as

heroic and the criminals as heroes.

(9) The press shall avoid printing, publishing or disseminating

any material, which may bring into contempt Pakistan or its people

or tends to undermine its sovereignty or integrity as an independent

country

Press Appeal No.225/2012

(10) The press shall not publish or disseminate any material or

expression, which is violative of Article 19 of the Constitution of

the Islamic Republic of Pakistan.

(11) The press shall rectify promptly any harmful

inaccuracies, ensure that corrections and apologies receive due

prominence and afford the right of reply to persons criticized or

commented upon when the issue is of sufficient importance.

(12) While reporting on medical issues, care must be taken to

avoid sensationalism, which could arouse baseless fears or false

hopes in the readers. Early research finding should not be presented

as though they were conclusive or almost conclusive.

(13) Sensationalism of violence and brutalities shall be

avoided. All reporting shall be accurate, particularly when Court

proceedings are covered and an accused person must not be

presented as guilty before judgment has been pronounced.

(14) In the cases, of sexual offences and heinous crime against

children, juveniles and women, names and identifying photographs

shall not be published.

(15) Confidentiality agreed upon at briefings and background

interviews must be observed.

(16) The press while publishing findings of opinion polls and

surveys shall indicate the number of people, geographical area on

which the polls and surveys were conducted, and the identify of the

poll-sponsor.

(17) Any kind of privilege or inducement, financial or

otherwise, which is likely to create conflict of interest and any

inducement offered to influence the performance of professional

duties and is not compatible with the concept of a reputable,

independent and responsible press, must be avoided.”

The crux of the aforesaid Ethical Code of Practice is that no one

including “press” is allowed to violate the honor of any

individual and the state of Pakistan as well as the religion of

Islam.

Further, Section 5 of the Press, Newspapers, News

Agencies and Books Registration Ordinance 2002 deals with the

directions regarding publishing material in the publication

whereas Section 6 of the Ordinance ibid directs the printer to

submit declaration with the undertaking to abide by the

aforementioned Ethical Code of Practice. For ready reference,

Sections 5 & 6 of the Ordinance ibid are reproduced as under

Press Appeal No.225/2012

“5. Publication of newspapers.--No newspaper shall be published

except in conformity with the provisions of this Ordinance and

without prejudice to the provisions of Section 3, every copy of

every such newspapers shall contain the name of the owner and

editor thereof printed clearly on such copy and also the date of its

publication. Similarly, no news agency shall disseminate or defuse

news except in conformity with the provisions of this ordinance

unless there subsists a declaration authenticated by the District

Coordination Officer.

6. Declaration of the printer, publisher and news agency.-- (1)

The printer and publisher of every newspaper or an owner of news

agency shall appear in person or by agent authorised in this behalf

before the District Co-ordination Officer within whose local

jurisdiction such newspaper shall be printed or published, or news

agency ordinarily operates and shall make and subscribe, in

duplicate originals a declaration in Form 'B' or in such other form as

may be prescribed, and the District Co-ordination Officer shall,

immediately upon the filing of such form, issue a receipt for the

same.

(2) Every declaration shall specify the title of the newspaper, the

language in which it is to be published, the periodicity of its

publication and shall contain such other particulars as may be

prescribed to include bank where account will be operated and

financial funding, if any.

(3) Where the printer or publisher of a newspaper making a

declaration is not the owner thereof, the declaration shall specify the

name of the owner and shall also be accompanied by an authority in

writing from the owner authorising such person to make and

subscribe such declaration.

(4) The declaration of news agency shall contain its name, language

of dissemination of news and credit lines to include bank where

account will be operated.

(5) Submission of declaration and its authentication under this

Ordinance shall be necessary before the publication of newspaper or

dissemination of news by any news agency.

(6) The declaration submitted by the publisher under sub-section (5)

shall be accompanied by an undertaking by the editor to abide by

the Ethical Code of Practice contained in the Schedule to the Press

Council of Pakistan Ordinance, 2002.”

The appellant is follower of Quadiani group and the magazine in

question was being used to preach and propagate teaching of the

said group which is prohibited under Section 298-C of Pakistan

Penal Code, 1860 (PPC). As per Section 298-C PPC, every

person of Quadiani group has been banned not only from posing

himself as a Muslim but also from preaching or propagating his

Press Appeal No.225/2012

faith. For ready reference, Section 298-C PPC is reproduced as

under:

“298C. Person of Quadiani group, etc., calling himself a

Muslim or preaching or propagating his faith.__Any person

of the Quadiani group or the Lahori group (who call

themselves ‘Ahmadis’ or by any other name) who, directly or

indirectly, poses himself as a Muslim, or calls, or refers to, his

faith as Islam, or preaches or propagates his faith, or invites

others to accept his faith, by words, either spoken or written, or

by visible representations, or in any manner whatsoever

outrages the religious feelings of Muslims, shall be punished

with imprisonment of either description for a term which may

extend to three years and shall also be liable to fine.”

Under Section 19 of the Press, Newspapers, News Agencies and

Books Registration Ordinance 2002, the parameters for

cancellation of declaration of a newspaper are given. For ready

reference, aforesaid provision is reproduced as under:

“19. Cancellation of declaration. – (1) On the application of the

Press Registrar either suo moto or based on the information through

any person, the District Co-ordination Officer empowered to

authenticate a declaration under this Ordinance, is of opinion that

any declaration made in respect of a newspaper should be cancelled,

he may, after giving the person concerned an opportunity of

showing cause against the action proposed to be taken, hold an

enquiry into the matter and if, after considering the cause, if any,

shown by such parties and after giving them reasonable opportunity

of being heard, he is satisfied that;

(a) the news paper, in respect of which the declaration has

been made is being published in contravention of the

provisions of this Ordinance or rules made their under; or

(b) the newspaper mentioned in the declaration bears a title

which is the same as or similar to, that of any other newspaper

published either in the same language or in the country; or

publisher of the newspaper mentioned in such declaration; or

(d) the declaration was made on knowingly false

representation on the concealment of any material fact or in

respect of a periodical work which is not a newspaper; the

District Co-ordination Officer may, by order, cancel the

declaration and shall forward as soon as possible a copy of the

order to the person making or subscribing the declaration and

also to the Press Registrar.

(2) During the period of sixty days of the cancellation order no

person shall be issued a declaration in the name of the same title to

any other perso

Press Appeal No.225/2012

The appellant while obtaining the declaration of magazine,

submitted his affidavit-cum-undertaking to abide by the

provisions of the Ordinance ibid as well as the Rules and

Regulations made thereunder but subsequently he has committed

blatant grave violations to the aforesaid declaration.

However, as an abandoned caution, the Chief Minister,

Punjab constituted Muthida Ulma Board Punjab to ascertain

regarding preaching of objectionable material. The said Board in

its meeting held on 27.06.2011 after perusing the contents of the

magazine, recommended for cancellation of its declaration on the

ground of publishing objectionable material. For reference,

relevant portion of the decision dated 27.06.2011 is reproduced as

under:

6- امانہہم ابصمح

امرچ 2001

رمزا لیلخ ادمح

رمق

اقدایین ذمبہ یک غیلبت رپ لمتشم وماد رپ ینبم اس

راسہلرپاپدنبیاوراساکڈی کلرنشیوسنمخ

رکےن یک افسرش یک اجیت ےہ۔

ہمکحم داہلخ اجنپب

In this regard, Home Department, Government of the Punjab

issued a notification dated 26.10.2011, by holding that the

magazine contains a deliberate mischief of malicious and

objectionable material. For reference, aforesaid notification is

reproduced as under:

“Government of the Punjab

Home Department

Dated Lahore the 26th October, 2011

NOTIFICATION

No. SO (IS-III) 6-15/2010 WHEREAS, the Government of Punjab

is satisfied that the following books/booklets/ Magazines/News

Papers contain matter which is objectionable and

deliberately/maliciously intended to outrage religious feelings:-

Sr.

TITLED

WRITTEN BY

NATURE

Mahmood Ahmad

Abbasi (Aqaid-oNazriat)/Khalafat Hazrat

Amir Muawaia & Yazid

(Book)

Syed Ali Mutahar

Naqvi Amrohi

Sectarian

Press Appeal No.225/2012

Yeh Teesri Eid (Booklet) Eng. Abdul

Qaddus Salfi

Sectarian

Eid Milad-un-Nabi ki

Haqeeqat (Booklet)

Abu Muawia

Maulana

Muhammad Ayaz

Sectarian

Way of Seekers (Book)

Mriza Bashir-udDin Mahmood

Ahmad

Sectarian

Al-Fazal (Weekly &

Daily)

Abdul Samih

Khan

Sectarian

Monthly Misbah, March,

2001 (Magazine)

Mirza Khalil

Ahmad Qamar

Sectarian

New Canada (Magazine) Syed Hasnat

Ahmad

Sectarian

2. Now therefore, in exercise of powers conferred under Section 99-

A Cr.P.C 1898, the Government of the Punjab is pleased to ban and

confiscate all copies of the above mentioned books/ booklets/

Magazines/Newspapers alongwith its translation in any language,

wherever found in open market or at any Madrissa, with immediate

effect.

Secretary to Govt. of the Punjab

Home Department”

The Home Department, Government of the Punjab issued

direction to the District Coordination Officer, Chiniot on

27.10.2011 and recommended for cancellation of declaration of

magazine for publishing objectionable material. For reference,

letter dated 27.10.2011 is reproduced as under:

“NO.SO (IS.III) 6-15/2010

GOVERNMENT OF THE PUNJAB

HOME DEPARTMENT

Dated Lahore, the 27th October, 2011

The District Coordination Officer,

Chiniot

Subject:-

CANCELLATION OF DECLARATION

OF MONTHLY MISBAH

I am directed to convey that the Muttehida Ulama

Board Punjab has recommended cancellation of declaration of

monthly Magazine “Misbah” for publishing objectionable material

in its meeting held on 27.06.2011.

I am further directed to request that necessary

action may please be taken in the matter under intimation to this

Press Appeal No.225/2012

Department according to Pakistan Newspapers, News Agencies and

Books Registration Ordinance, 2002.

Section Officer (IS.III)”

In view of the aforesaid facts, a show cause notice under Section

19 of the Press, Newspapers, News Agencies and Books

Registration Ordinance 2002 was issued on 01.02.2012 to the

appellant with the allegation that the magazine is being used to

preach the teachings of Qadiani group which practic is prohibited

under Section 298-C PPC. For ready reference, the notice dated

01.02.2012 is reproduced as under:

"ازدرتفڈرٹسٹکوکآرڈی نی ش نآرسیفوینچٹ

01-02-2012 ومرہخ 1532 ربمن

ونسٹ انبم:- اطرہ دہمی اایتمز ادمح وڑاچئ رپرٹن امانہہم "ابصمح" انچب رگن

زری دہعف 19رپسی وینز رپیپ، وینز ایسنجی و کب ررٹسجنشی آرڈسننی 2002

یملق ےہ ہک امانہہم "ابصمح" اک رشلبپ وفت وہ اکچ ےہ ہکبج آپ امانہہم ذموکر ےک رپرٹن

ںیہاورآپےنرباےئدبتیلیی ن لن کی ش ندرتفذہاںیم دروخاتس دے ریھک ےہ۔

امہرے ملع ںیم ہی ابت آیئ ےہ ہک امانہہم "ابصمح" یک ااشتع اجری ےہ۔ سج ںیم

اقدتین یک غیلبت یک اجیت ےہ۔ وج ہک زری دہعف 298/Cزعتریات اپاتسکن اقلب وماذخہ ےہ۔

ذہلا آپ وک ہقلعتم رفقی رگداےتن وہےئ ذبرہعی ونسٹ ذہا علطم ایک اجات ےہ ہک آپ

ومرہخ 06.02.2012وک وبتق 11:30ےجب درتف احرض آرک وہج ایبن رکںی ہک ویکں ہن ااشتع امانہہم

"ابصمح"رپاپدنبیاگلرکڈی کلی رنشیوسنمخایکاجےئ۔دعماحرضییکوصرتںیمبسحاضہطباکروایئ

لمع ںیم الیئ اجوے یگ۔

ڈرٹسٹکوکآرڈی نی ش نآرسیف

وینچٹ

اٹنٹسس رنشمک الایلں ونسٹ ہیلع یک لیمعت بسح اضہطب رکواںیئ اور ونسٹ دعب لیمعت لبق از اترخی واسپ

اراسل رکںی۔

ڈرٹسٹکوکآرڈی نی ش نآرسیف

وینچٹ"

In response to the aforesaid notice, the appellant filed following

written reply on 06.02.2012:

م-ےکونسٹےکہلسلسںیم احرض وہا۔ آن مکرمےسدروخاتسےھہکامانھہم

ایبن رب فلح:

"اخاسکرآن مکر

مکرمےسدروخاتسےھہکاسےک

"ابصمح" ںیم وکیئ اقلب ارتعاض وماد اشعئ ںیہن وہات۔

آن

ڈی کلرنشیوکلسنیکہنایکاجےئ

Press Appeal No.225/2012

The aforesaid reply given by the appellant shows that he neither

controverted the allegations levelled against him nor explained

about his stance rather made an evasive denial by stating that

nothing objectionable is being printed in the magazine.

The District Coordination Officer, Chiniot on the basis of

aforesaid facts of the case and after providing opportunity of

hearing to the appellant, passed a well-reasoned order dated

15.02.2012 and the reasons mentioned in the said order could not

be rebutted by the learned counsel for the appellant. For ready

reference, order dated 15.02.2012 is reproduced as under:

“OFFICE OF THE

DISTRICT COORDINATION OFFICER

CHINIOT

Subject:

CANCELLATION OF DECLARATION OF

MONTHLY MISBAH

ORDER

Briefly stating, Mutehida Ulema Board Punjab in

its meeting held on 27.06.2011 has recommended cancellation of

declaration of Monthly Magazine Misbah for publishing

objectionable material. This information was received through letter

No.SO (IS.III) 6-15/2010, dated 27.10.2011 of Home Department,

Government of the Punjab. It has also been informed that

propagation of Qadianiat is a crime Under Section 298-C of PPC.

The Monthly Misbah has been declared as propagating Qadianiat

and as such recommended to be banned by Mutahida Ulema Board

Punjab constituted by the Chief Minister Punjab. Therefore,

declaration of Monthly Misbah may be cancelled.

In pursuance of the subject matter, the record

pertaining to Monthly Misbah was obtained from District Jhang as

the same was not available in this office. Perusal of record reveals

that the declaration of Monthly Misbah in the name of Sheikh

Khurshid Ahmad S/o Sheikh Salamat Ali was authenticated by the

then District Magistrate on 22.09.1986. After going through the

relevant material received from the Home Department, Government

of the Punjab, a Notice U/S 19 of Press, Newspapers, News

Agencies and Books Registration Ordinance, 2002 was issued in the

name of Tahir Mehdi Imtiaz Ahmad Warraich, the Printer of

Monthly Misbah Chenab Nagar. It is pertinent to mention here that

on account of death of Sheikh Khurshid Ahmad in whose name the

declaration in question was authenticated, the said notice was served

upon Mr. Tahir Mehdi Imtiaz Ahmad Warraich who is the Printer as

well as applicant for change of Publisher of Monthly Misbah,

considering him the concerned party

Press Appeal No.225/2012

Mr. Tahir Mehdi Imtiaz Ahmad Warraich appeared

before the undersigned on 6.2.2012 and his statement was recorded

accordingly. He has contended that no objectionable material is

being published in Monthly Misbah. He has further prayed that the

declaration of Monthly Misbah may not be cancelled.

I have gone through the relevant literature received

from the Home Department and other material available on record.

Arguments of Mr. Tahir Mehdi Imtiaz Ahmad Warraich have also

been heard at length. It is observed as under:

1) According to Section 6(6) of Press, Newspapers, News

Agencies and Books Registration Ordinance, 2002, the

declaration submitted by the publisher under sub-section (5)

shall be accompanied by an undertaking by the editor to abide

by the Ethical Code of Practice contained in the schedule to the

Press Council of Pakistan Ordinance which inter alia lays down:

“The Press shall avoid originating, printing, publishing

and disseminating any material, which encourages or

incites discrimination or hatred on grounds of race,

religion, caste, sect, nationality, ethnicity, gender,

disability, illness, or age, of an individual or group”.

2) The Monthly Misbah contains material which is preaching as

well as propagation of Qadianiat within the meaning of Section

289-C of PPC.

3) Mr. Tahir Mahdi Imtiaz Ahmad Warraich has failed to prove

that Misbah does not contain objectionable material.

4) Mutehida Ulema Board Punjab constituted by the Chief Minister

Punjab has recommended to ban the Monthly Magazine Misbah.

In the light of above mentioned observations, I am

convinced that Monthly Magazine Misbah is being published in

contravention of provisions of Press, Newspapers, News Agencies

and Books Registration Ordinance, 2002. Therefore, I Dr. Irshad

Ahmed, District Coordination Officer, Chiniot hereby cancel the

declaration in respect of Monthly Magazine Misbah authenticated

by the then District Magistrate Jhang with immediate effect. The

Printer of Monthly Misbah is directed to stop circulation of the

Monthly Misbah forthwith under intimation to this office.

DISTRICT COORDINATION OFFICER

CHINIOT”

Furthermore, under Section 99-A of Criminal Procedure Code

(Cr.P.C.), 1898, the Government is competent to forfeit any

publication if it is satisfied that such publication contains

objectionable material as prescribed in law. For ready reference,

Section 99-A Cr.P.C. is reproduced as under:

“99-A Power to declare certain publications forfeited and

to issue search warrants for the same. (1) Where

Press Appeal No.225/2012

a) Any newspaper, or book as defined in the West

Pakistan Press and Publication Ordinance, 1963, or any

other law relating to press and publications for the time

being in force or

b) Any document.

(2) In sub-section (1) “document” includes also any painting,

drawing or photograph, or otherwise visible representation.”

As regard the argument of learned counsel for the

appellant that the declaration of the magazine has been cancelled

on the recommendations of Muttehida Ulema Board which has no

authority in this regard as such the impugned order is not

sustainable in the eyes of law, suffice it to say in this regard that

on receipt of the material record/ information the District

Coordination Officer after application of judicious mind issued

show cause notice [dated 01.02.2012] to the appellant to appear

on 06.02.2012 and to explain his position on the allegation

regarding preaching of Qadianiat through the magazine. In

response to the said notice, the appellant appeared before the said

Officer on 06.02.2012 and filed reply [as reproduced in paragraph

No.5 of this judgment] and the appellant was also heard at full

length by the DCO before passing the impugned order as

envisaged in Article 10-A of the Constitution as well as mandated

by Section 19 of the Press, Newspapers, News Agencies and

Books Registration Ordinance 2002. Thus, the argument of

learned counsel for the appellant is devoid of any substance

which is accordingly hereby repelled.

Further, as regard the stance of the appellant that the

declaration regarding cancellation of the magazine of the

appellant is result of discrimination, the same is illusive, suffice it

to say that while scanning contents of the transcripts/publications

of the Magazine Misbah, Muttehida Ulema Board has found

objectionable material and even the Home Department has also

recommended for cancellation of declaration of publications

having objectionable material across the board without targeting

Press Appeal No.225/2012

any specific group. It is apparent from the impugned notification

that as many as seven publications of different book / magazine

have been banned which dismantles the very foundation of the

above argument. The recommendations dated 27.06.2011 made

by the Muttehida Ulema Board as well as notification dated

26.10.2011, issued by the Home Department, reproduced in

paragraph No.5 of this judgment have not been questioned before

any competent forum whereas the said recommendations were in

the active knowledge of the appellant, thus the said

recommendations of the Home Department have attained finality.

10.

As the appellant through publishing the objectionable

material in magazine in question has committed blatant violation

of the aforementioned provisions of law as such the District

Coordination Officer, Chiniot has rightly cancelled the

declaration of the magazine-Misbah through the well-reasoned

order dated 15.02.2012 as such the same does not require any

indulgence from this Court in its appellate jurisdiction.

11.

Learned counsel for the appellant has not pointed out any

illegality, material irregularity or jurisdictional defect in the

impugned order calling for any interference through this appeal.

12.

In view of above, this appeal having no meri

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