LHC Rules Magistrate Has No Power to Lift PFA Ban

The Lahore High Court has overturned a magistrate's order to clear a ban on an oil mill, stating that a magistrate lacks the authority to remove a ban imposed by the Punjab Food Authority or to order the de-sealing of a food business. Justice Ghulam Sarwar Nangh issued a detailed 10-page decision after hearing a petition from the Punjab Food Authority, and the ruling is considered a legal precedent.

The court affirmed that the restriction on the oil mill would stay in force due to the production of substandard or harmful oil, and it emphasized that the power to de-seal a food business lies with the Director General of the Punjab Food Authority. According to the judgment, administrative orders issued by the food authority cannot be canceled by a magistrate, and legal proceedings related to a criminal case are distinct, preventing a magistrate from nullifying regulatory orders.

The court further held that seeking relief against an emergency ban should be directed to the food authority, noting that financial hardship or other difficulties do not grant authorities powers beyond those provided by law. Both courts and government officials are required to exercise only the powers vested in them by law.