22 January 2004	Thursday	29 Ziqa'ad 1424

LAHORE Jan 21: The Lahore High Court declared on Wednesday that a Punjab government notification banning the production and trade of kite and string was unconstitutional.

Justice Mian Saqib Nisar observed that choice of a trade or a business was a fundamental right as enshrined in Article 18 of the Constitution and the notification contravened this right.

The judge, however, did not allow flying of kite and the notification promulgated in its prohibition was in no way an infringement of any fundamental right.

A number of people had challenged the ban on the trade and manufacture of kite and string, imposed first by the City District Government of Lahore and then by the Punjab government.

During the hearing, the court framed the question whether the Punjab government and the City District Government were authorized to prohibit any trade or profession.

The basic plea of the defence counsel was that kite flying as well as manufacture of the related material was inconsistent with the fundamental rights which the constitution guaranteed.

The Punjab government opposed the argument on the basis that kite-flying caused huge losses to the life and property of the Lahorites. In this regard reports of the Mayo Hospital, the Lahore Electric Supply Company and the state institutions were produced in support of the ban on kite-flying.

Regarding manufacture of related material and its trade, the provincial government pleaded that it was the act of manufacturing that promoted this dangerous sport.

cabinet expansion: The Lahore High Court on Wednesday adjourned till second week of February the hearing of arguments in a petition which challenged the expansion of the Punjab cabinet and increase in the salaries of MNAs.

Advocate M D Tahir challenged the expansion of the Punjab cabinet after which the number of provincial ministers, chairmen of standing committees and advisers to the chief minister had risen to 127. He said the number of ministers alone was 42, forming the largest ever Punjab cabinet.

As for the raise in the salaries of MNAs, the petitioner-advocate stated it was unjustified keeping in view the level of poverty in the country. The case was fixed for Wednesday but the federal and Punjab governments did not turn up. The petitioner requested the court that an order of maintaining a status quo be issued. he court declined and adjourned the further hearing of the petition.