The Lahore High Court has set aside a magistrate’s order to de-seal an oil mill, clarifying that a magistrate has no authority to remove a ban imposed by the Punjab Food Authority or order the de-sealing of a food business.
Justice Ghulam Sarwar Nangh issued a 10-page judgment on a petition filed by the Punjab Food Authority, and the decision has been described as a judicial precedent.
The court ruled that the restriction imposed on the oil mill would remain in place due to the production of substandard or harmful oil, while the legal authority to de-seal a food business rests with the Director General of the Punjab Food Authority.
The judgment said administrative orders issued by the food authority cannot be cancelled by a magistrate. It added that hearing a criminal case is a separate matter, and a magistrate cannot annul regulatory orders.
The court further held that any party seeking relief against an emergency ban should approach the food authority.
It noted that financial hardship or any other difficulty cannot grant powers beyond the law to any authority, as courts and government officials are bound to exercise only the powers given to them under the law.
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