The LHC judge observed that the court cannot allow killing of innocent people in the name of Basant festival.—Photo by APP

Earlier, a report on behalf of the chief secretary was submitted to the court maintaining that the ordinance as amended in 2007 and 2009 was made in line with the Supreme Court's order and the court had acknowledged this fact.

The ordinance was not violative of any fundamental right, but it aimed at protecting lives and property of citizens, a basic duty of the government, the report said.

It said the government had been monitoring kite-flying activities, and on the basis of a past experience, it was found that permission for kite flying was against public interests as it involved loss of life and property.

The report revealed that during the period of 2006-09 at least 18 people were killed and 24 others injured due to kite flying. Wapda faced a loss of Rs5 billion, while damage to its grid stations was Rs57 million.

Report suggested the court that it would be unfair to put the lives of people in danger at the hands of a group involved in the kite business.

The petitioner had taken a plea that the impugned ordinance was amended on the directions of the Supreme Court, but the apex court directions were not followed in letter and spirit while bringing changes to the law.

He said the apex court had ordered to hear suggestions of all stakeholders before amending the law, but the authority concerned did not implement it.

He said the court had also ordered provincial governments to ensure protection of life and property of citizens, but they instead of taking such steps, banned kite flying and making of related material despite the fact that livelihood of thousands of people was linked with this business.

The petitioner requested the court to strike down prohibition of the kite flying ordinance and allow celebration of Basant.