ISLAMABAD, Feb 5: The Supreme Court was moved to declare the Punjab government's Prohibition of Kite Flying (Amendment) Ordinance 2007 as illegal since it posed threat to the lives of people.

Filed by Advocate M. Tariq Asad in person, the petitioner has pleaded before the court to take stern action against the authorities allegedly undermining the administration of justice and integrity of the apex court by allowing kite flying during the coming "Basant", despite the court's ban. Basant festival heralds the advent of spring in the Punjab featuring kite flying as a major expression.

To celebrate Jashan-e-Baharan starting from Feb 25, the provincial government had promulgated the Punjab Prohibition of Kite Flying (Amendment) Ordinance 2007, allowing districts nazims to lift ban on kite flying for 15 days on their own during the Basant season.

However, on Jan 22, 2007, the Supreme Court had turned down the Punjab government's request to approve brief lifting of ban on kite flying during the upcoming spring festival and made it clear to the provincial government to celebrate the festival at its own risk without involving the court.

Challenging the vires of the ordinance, the petitioner contended, the law violates Article 9 of the Constitution (security of citizens) since it allowed kite flying only to frustrate the orders of apex court of banning the activity.

The law also authorises the executive to allow kite flying during Basant celebrations whenever desired during spring thus posing a constant danger of hurting and killing.

Lahore is always the site of Basant festival where tens of thousands of people fly kites from rooftops and fields but the event sometimes turns deadly when people die of wounds from metal kite strings or fall from the roofs.

The unchecked activity that resulted in the deaths of many including children invited the Supreme Court to clamp a complete ban on the manufacturing, flying, selling and buying of kites across the country.

The ban, however, is a financial blow to the Punjab government which argues that the kite flying is a source of revenue as it is a major sport of Basant, and attracts tourists from the country, as well as abroad and helps generate allied business activity in the province worth billion of rupees.

Governor Punjab Khalid Maqbool and Chief Minister Punjab Chaudhry Pervez Ellahi are respondents in the petition.

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