RAWALPINDI: The Lahore High Court’s Rawalpindi Bench has directed the Punjab government to immediately establish and make functional the appellate authority under the Punjab Food Authority Act, 2011, observing that failure to do so had deprived restaurant owners and other food operators of their statutory right to challenge fines and other punitive actions imposed by the food authority.

The direction was issued by Justice Jawad Hassan while deciding a writ petition filed by Adnan Khurshid, who had challenged the prolonged non-constitution of the appellate forum prescribed under Section 39(2) of the Act.

The petitioner contended that despite the passage of several years, no appellate authority had been notified, rendering food operators remediless against fines imposed by the Punjab Food Authority.

Allowing the petition, the court ordered the provincial government to establish and fully operationalise the appellate authority within one month from the receipt of a certified copy of the order.

The court further held that once the authority becomes functional, the petitioner would be at liberty to file an appeal, which shall be decided strictly in accordance with law.

During the hearing, the petitioner’s counsel argued that the non-functioning of the appellate forum had resulted in a continuous violation of fundamental rights, as restaurant owners and other food businesses were left without any lawful forum to examine the legality of fines imposed by food inspectors. He submitted that the statutory right of appeal had been rendered illusory due to governmental inaction.

The law officer, while opposing the petition, conceded that the establishment of the appellate authority was mandatory under the law and that a direction from the court would be appropriate.

In its detailed judgment, the court observed that Section 39(2) of the Punjab Food Authority Act, 2011, clearly provides a right of appeal against cancellation of licences or imposition of fines, which can only be exercised before an appellate authority notified by the government. The court termed it “astonishing and deeply concerning” that despite a clear statutory mandate, the authority had not been made functional for years.

Justice Jawad Hassan held that denial of a statutory right of appeal offends Article 37(d) of the Constitution, which obligates the State to ensure inexpensive and expeditious justice. The court also relied on earlier precedents and directives of the National Judicial (Policy Making) Committee, stressing that vacancies in judicial and quasi-judicial forums must be filled promptly to avoid denial of justice. The petition was disposed of with the above directions.

Published in Dawn, December 23rd, 2025