PESHAWAR, July 15: The Peshawar High Court on Tuesday put the federal government on notice in a writ petition filed by NWFP Assembly Deputy Speaker Ikramullah Shahid, challenging a ban on the renewal of Kalashnikov licences by the interior ministry.
The bench comprising Justice Qaim Jan Khan and Justice Ijaz Afzal sought comments from the interior ministry, Islamabad, and fixed Sept 23 for hearing.
Appearing for the petitioner, advocate Qazi Mohammed Anwer argued that the ban placed by the federal government was on the renewal of licences issued between Dec 1, 1988 and Aug 22, 1990. He pointed out that the high court and the apex court had earlier declared a similar order illegal and against the law.
He argued that the government had no powers to issue directives in such an arbitrary manner. He said the Kalashnikov licence was acquired by the petitioner in a legal manner.
In 1990 the then PML government had placed a ban on the renewal of prohibited bore arms licences issued during the PPP government. The said order was challenged before the high court by hundreds of individuals, including the present petitioner, through writ petitions.
The high court had on June 21, 1992, declared the order illegal and set it aside. The Supreme Court had upheld the verdict.
The petitioner had renewed his licence after the judgment of the superior court. The licence expired on Dec 31, 2002. When the petitioner approached the concerned bank he was shown a copy of a letter, wherein it was mentioned that the federal government had banned renewal of licences of prohibited bore issued between Dec 1, 1988 and Aug 22, 1990.
The petitioner has referred to the said judgments, stating that the government had violated those judgments.
He said the superior courts had already declared the act of the previous government illegal and the present government had no authority to issue the same order again.
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