SHC orders FIRs against parties, candidates using public property for electioneering

Published January 19, 2024
Commuters ride past banners of Pakistan’s political parties displayed along a street in Rawalpindi on January 15, 2024 ahead of the country’s upcoming general election. — AFP
Commuters ride past banners of Pakistan’s political parties displayed along a street in Rawalpindi on January 15, 2024 ahead of the country’s upcoming general election. — AFP

KARACHI: The Sindh High Court on Thursday took exception to political banners, posters and flags installed on public property in the city for electioneering and ordered the city mayor, commissioner and district administration as well as cantonment boards to remove all political and other billboards and hoardings.

The SHC also directed the authorities concerned to register FIRs under the relevant law against heads of political parties, candidates, chief executive officers of advertising firms and others for using the public property for their campaigns and advertisement of products.

A bench comprising Justice Nadeem Akhtar and Justice Mohammad Abdur Rahman asked the officials concerned to file compliance reports as well as copies of the FIRs till Jan 29 and warned that in case of non-compliance appropriate action would be taken against them.

The SHC further directed its office to communicate its order to the Election Commission of Pakistan.

When the bench took up two petitions, seeking implementation of the Supreme Court judgement handed down in 2016 against installation of billboards and hoardings on public property, the district administration, cantonment boards, police and other respondents filed reports regarding compliance with an earlier order of the bench.

Advertisers of products to also face same action; mayors, administrations told to remove all posters, hoardings, banners, panaflexes etc by 29th

They claimed that the court orders had been compiled with and billboards and hoardings had been removed from the public property. However, the petitioners strongly disputed such reports and argued that advertisements, posters, billboards and hoardings were still seen on public property all over the metropolis.

They also submitted recent photographs in support of their arguments.

The officials, parties and lawyers present during the proceedings admitted that the menace of misuse and abuse of public property could not be eradicated yet despite the orders of the apex court and the SHC.

They also conceded that the banners, posters, panaflexes and flags of political parties were commonly seen on public property because of the upcoming general elections.

The bench noted that its attention was also drawn to Section 180 of the Election Act, 2017 which, inter-alia, prohibited persons and political parties from affixing hoardings or penaflexes and hoisting flags on the public property.

Therefore, it ordered the commissioner, mayor of Karachi, CEOs of each cantonment board, deputy commissioners, inspector general of police, municipal commissioners and all town municipal commissioners to remove all billboards and hoardings, including political posters, banners and flags, installed at the public property in the city before the next hearing failing which appropriate order would be passed against them.

“The competent authority(ies) are directed to lodge FIR under the Sindh Public Property (Removal of Encroachment) Act, 2010, against the CEOs of the companies/entities whose products are being advertised on public properties and the CEOs of their advertising companies/agencies, and also the provincial heads of political parties whose banners, posters, flags etc. are found on any public property and the candidate whose name, picture or poster is displayed on any public property,” the bench in its order added.

It further directed the authorities concerned to comply with its last order passed on Dec 15.

It may be recalled that last month, the bench directed the commissioner, district administrations and cantonment boards to remove all billboards, hoardings, advertisements and political banners from the public property across the city within 15 days.

It had also ordered them and the mayor of Karachi to submit details of various contracts which had purportedly been executed by them in respect of billboards and hoardings that existed on such property.

The SHC had also asked the IGP to ensure compliance with the orders of the apex court as well as the SHC through relevant SSPs of each district, and SHOs should register FIRs against persons found responsible for placement/fixing of such billboards.

Published in Dawn, January 19th, 2024

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