Decision on Basant in two weeks, LHC told

LAHORE: The Punjab government informed the Lahore High Court on Tuesday that a special committee has been constituted to decide in two weeks whether to grant permission to celebrate Basant festival or not.

A citizen namely Ayza Javed moved the petition as public interest litigation seeking a direction to the government functionaries not to allow kite-flying or Basant festival celebrations. The petitioner through counsel Sheraz Zaka contended that the impugned ordinance authorised the government to allow kite-flying activities. He argued that the kite-flying activity was an infringement of fundamental rights of the citizens. He pointed out that the Supreme Court in its 2006 judgment declared Basant festival celebration a violation of fundamental rights. He said the provincial government in 2009 introduced an amendment to the law acquiring power to allow kite-flying activity without defining any criteria.

The counsel argued that the fundamental rights were most superior and special in nature and could not be disturbed without having strict recourse to the law. He said the Basant celebration not only would result in loss of lives but also the loss of electricity transmission.

He asked the court to direct the respondents not to allow any kite-flying activity. He urged the court to declare void section 4(1) and 4-B of Punjab Prohibition of Kite-Flying Ordinance 2001, under which the government enjoyed powers to grant permission of kite-flying.

Punjab chief secretary, inspector general of police, lord mayor and Lesco had been made party in the petition.

Justice Aminuddin observed it is the issue of public importance and the court would decide the case on its merit in case the Punjab government granted permission to celebrate Basant in the light of committee’s recommendations.