The Lahore High Court (LHC) on Monday directing all District Co-ordination Officers (DCOs) of the Punjab to renew licenses of all firework manufacturers in Punjab within one month according to the standards set by the federal government under Explosive Substance Act, held that the government or its functionaries cannot ban lawful business.
The court passed these orders in a petition of Munir Ahmad Lachi and other 16 fireworks traders who through their counsel Manzoor Ali Gillani challenged the ban on manufacturing and sale/purchase and transportation of fireworks in the province.
The court held that if the fireworks manufacturers, sellers and purchasers fulfil the terms and condition laid down for the business in the law of the land they should be allowed to carry on their lawful business. Earlier, the home secretary Punjab in the court admitted that the ban on fireworks business was imposed without meeting all legal requirements and he was ready to withdraw the ban.
The home secretary added that as per rules DCO of each district is responsible under the law to renew licenses to fireworks traders after a thorough checking of each business establishment. The petitioners contended that the ban on their business by the provincial government ruined them financially. They said that thousands of people linked to business of fireworks lost their jobs after the ban. They said the ban was unlawful and unconstitutional because that government was constitutionally responsible to provide employment to every citizen and it cannot deprive people of their lawful business.
They said on May 27, LHC in their earlier petition had directed the home secretary and other government functionaries to decide the matter after listening the petitioners but after lapse of two months no progress was made in this regard. They said the respondents were using delaying tactics deliberately. The petitioners therefore prayed the court to set aside the illegal and unconstitutional ban on fireworks business.
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