November 9, 2002	Saturday	Ramazan 3,1423

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ISLAMABAD, Nov 8: The Supreme Court on Friday held that the federal government had no power to enact a law, outlawing serving of food in Valima receptions.

Disposing of a petition filed by the marriage hall owners association, the Supreme Court held that the federal government had no power to promulgate The Marriages (Prohibition of Wasteful Expenses) Ordinance, 1997, as it was neither covered by the federal or concurrent legislative list.

The court, after declaring The Marriages (Prohibition of Wasteful Expenses) Ordinance, 1997, as ultra vires to the Constitution, held that the provinces would be at liberty to promulgate any such law, fixing the number of guests and showing of dowry.

The petition was filed by Chaudhry Mohammad Sadiq of Marriage Halls Association. The petitioners were represented by Munir Paracha, while the government side was represented by Deputy Attorney-General Sardar Mohammad Aslam.

The petitioners had contended that the federal government was incompetent to pass a law on the subject as it was not covered either by the federal or concurrent legislative list, given in the fourth schedule of the Constitution.

It was further argued that the federal government had exceeded its jurisdiction by imposing a ban on marriages after sunset as no one could be compelled under the Islamic concept and even under the general law of the land to do the sacred duty of marriage from rising of the sun till sunset.

The SC bench consisted of Chief Justice Shaikh Riaz Ahmed, Justice Mian Mohammad Ajmal and Justice Mohammad Nawaz Abbasi.