LHC Rules Magistrate Has No Power to Lift PFA Ban
Meanwhile, the Lahore High Court has set aside a magistrate's order to de-seal an oil mill, clarifying that a magistrate has no authority to remove a ban imposed by the Punjab Food Authority or order the de-sealing of a food…
Meanwhile, the Lahore High Court has set aside a magistrate's order to de-seal an oil mill, clarifying that a magistrate has no authority to remove a ban imposed by the Punjab Food Authority or order the de-sealing of a food business.
Article outline
- What happened
- The key numbers
- Official response
- The bottom line
Key points
- Justice Ghulam Sarwar Nangh issued a 10-page judgment on a petition filed by the Punjab Food Authority, and the decision has been described as a judicial precedent.
- 6 PFA Authorities Injured During Raid to Seize 1 Ton Dead Chicken.
- The judgment remarked administrative orders issued by the food authority cannot be cancelled by a magistrate.
- The court further held that any party seeking relief against an emergency ban should approach the food authority.
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While the legal authority to de-seal a food business rests with the Director General of the Punjab Food Authority, the court ruled that the restriction imposed on the oil mill would remain in place due to the production of substandard or harmful oil.
In practice, the judgment remarked administrative orders issued by the food authority cannot be cancelled by a magistrate. It continued that hearing a criminal case is a separate matter, and a magistrate cannot annul regulatory orders.
In practice, the court further held that any party seeking relief against an emergency ban should approach the food authority.
As courts and administration authorities are bound to exercise only the powers given to them under the law, it observed that financial hardship or any other difficulty cannot grant powers beyond the law to any authority. Stay Connected with ProPakistani. Obtain the latest news and stories wherever you prefer. Follow on Google Discover. Follow on Google News Join WhatsApp. See more ProPakistani stories in Google Search and Top Stories.
Taken together, the developments around LHC Rules Magistrate Has No Power to Lift PFA Ban point to a situation that is still moving, and the coming days should bring more clarity.
