ISLAMABAD, Jan 22: The Supreme Court on Monday turned down a Punjab government’s request to approve its decision of briefly lifting the ban on kite flying during the upcoming spring festival and asked the provincial government to celebrate Basant at its own risk.
The court made it clear that if the Punjab government intended to go ahead with kite flying during the festivities, it could do that on its own responsibility.
“Why the provincial government is seeking permission when it already has promulgated the law,” observed Chief Justice Iftikhar Mohammad Chaudhry heading a nine-member bench to hear complaints regarding loss of lives due to kite flying in Basant — a festival that heralds the advent of spring starting from Feb 25.
The court was referring to the promulgation of the Punjab Prohibition of Kite Flying (Amendment) Ordinance 2007 allowing districts nazims to lift ban on kite flying on their own for 15 days during Basant.
“We are not going to become a party to the Punjab government’s legislation of lifting the ban and take responsibility of otherwise not a healthy practice that has attracted a lot of bad name due to deaths of people,” the chief justice observed and held that it would be the duty of the provincial government to deal with the affairs independently.
“People consider us responsible for all the casualties during kite flying,” the chief justice observed.
Lahore regularly celebrates Basant when tens of thousands of people fly kites from rooftops and in sports fields but the event sometimes turns deadly when people die of wounds from metal kite strings or fall from roofs.
The deaths of a number of children prompted the Supreme Court to impose a ban on kite manufacturing, flying, selling and buying across the country. The apex court had directed provincial governments, district nazims and provincial police chiefs to ensure implementation of the ban.
On the other hand, the Punjab government argues that kite flying is a major sport of Jashan-i-Baharan and attracts tourists from the country as well as abroad. Kite flying during the festival always helps generate allied business activity in the province worth billion of rupees and, therefore, is a source of revenue for the provincial government.
On Jan 4, the apex court had asked the provincial government to explain its decision of lifting the ban on making, selling and flying kites in violation of its order issued on Oct 25, 2005.
Despite the apex court notice, Punjab Planning and Development Commission chairman Salman Ghani held a press conference stating that subject to approval/permission of the apex court, the government would celebrate the festival during the night between Feb 24 and 25.
On Monday, Punjab advocate-general Chaudhry Aftab Iqbal failed to convince the court when he was asked to assure the court that no further deaths would happen during the period when there would be no ban on kite flying.
He also failed to offer a satisfactory reply when the bench recalled that the lethal twine had cut throats of a number of people, including children, when the ban was relaxed during last year’s festival, forcing the provincial government to impose it again due to much hue and cry it attracted.
Mr Iqbal, however, submitted a reply on behalf of the Punjab chief secretary denying that the provincial government had violated the apex court order of October 2005.
The apex court also directed the provincial government and representative of a local television channel to produce excerpts of the press conference of Mr Ghani.
