A citizen, Ayaz Javed, who approached the court against basant festival, contended that the impugned ordinance authorized the government to allow kite flying activities. He argued that the kite flying activity was an infringement of fundamental rights of the citizens. He pointed out that the Supreme Court in 2006 had declared the kite flying activity and celebration of basant festival a violation of fundamental rights. He said the provincial government in 2009 had introduced an amendment in the law acquiring power to allow kite flying activity without defining any criteria.
The counsel argued that the fundamental rights were most superior and special in nature and could not be disturbed without having strict recourse to the law. He said the celebration of kite flying festival would not only result in loss of lives but also the loss of electricity transmission. He therefore asked the court to direct the respondents not to allow basant festival.