A.R. AWAN and others vs CITY DISTRICT GOVERNMENT, KARACHI and anothers
This petition arises from a consolidated judgment of the Sindh High Court, which dismissed appeals against the acquittal of the petitioners for allegedly operating dyeing textile factories in the S.I.T.E. Area, Karachi, without the requisite licenses and fee payments under the Sindh Local Government Ordinance, 1979. While the High Court upheld the acquittal, it included a concluding paragraph determining the scale of license fees payable by the petitioners and granted the respondents discretion to collect these fees retrospectively from 1976-77 onwards. The petitioners challenge this specific portion of the judgment, contending that the High Court acted beyond its jurisdiction by determining the rate of license fees within the context of an appeal against acquittal. The core legal question is whether an appellate court, while adjudicating an appeal against an acquittal, possesses the jurisdiction to determine the scale of license fees or if such matters should be left to the relevant administrative authorities. The Supreme Court granted leave to appeal to consider whether the High Court's determination regarding the fee scale can be legally sustained.
- Does an appellate court have the jurisdiction to determine the scale of license fees while deciding an appeal against an acquittal?
- Can a High Court, in an appeal against acquittal, direct the collection of license fees for a specific period?
- Clause 2, Schedule VI, Sindh Local Government Ordinance, 1979
- Clause 29, Schedule VI, Sindh Local Government Ordinance, 1979
- Clause 31, Schedule VI, Sindh Local Government Ordinance, 1979
- Item 59, Part-II, Schedule VI, Sindh Local Government Ordinance, 1979
- Section 100(2), Sindh Local Government Ordinance, 1979
ORDER
' RANA BHAGWANDAS, J.--- Above said petitions are directed against consolidated judgment of Sindh High Court, dated 27-6-2005 dismissing respondent's appeals against the acquittal of the petitioners for violation of clauses 2, 29 and 31 read with Item No,59 of Part-II of Schedule VI of Sindh Local Government Ordinance, 1979 punishable under section 100(2) of the said Ordinance.
2. Precise charge against petitioners appear to be that they have been running dyeing textile factories in S.I.T.E. Area within the territorial limits of erstwhile Karachi, Metropolitan Corporation without obtaining any licence and payment of requisite fee to K.M.C.
3. Upon their trial they were acquitted by Special Magistrate; K.M.C. Karachi vide order/judgment dated 17-10-1995. Respondents' appeals have been dismissed by the High Court through the impugned judgment but the petitioners are seriously aggrieved by concluding paragraph No,28 of the judgment in which the High Court while upholding the order of acquittal has determined the scale of fee payable by the petitioners and left it open to discretion of the respondents to determine the same and collect it with effect from the years 1976-77 to December, 1979 and from the year 1980 onwards.
4. It is inter alia contended that while determining the scale of licence fee in. Appeals against acquittal High Court acted beyond its jurisdiction as it was not competent to determine the question of rate of licence fee in such proceedings and should have left this question for examination by the authority concerned.
5. As important question of law of public importance has been raised in these petitions, leave to appeal is granted to consider whether the impugned judgment of the High Court can be sustained