IHC Restrains Federal Govt From Taking Action On Sugar Commission’s Report

(@fidahassanain)

IHC restrains federal govt from taking action on Sugar Commission’s report

IHC issues notices to the federal government, Special Assistant to Prime Minister Shehzad Akbar and FIA Director General Wajid Zia. Secretary interior and members of the inquiry commission were also sent notices by the court.

ISLAMABAD: (UrduPoint/Pakistan Point News-June 11th, 2020) Islamabad High Court restrained the federal government from taking action on Sugar Inquiry Commission report and directed the authorities concerned to ensure sale of per kilogram sugar against Rs. 70 kilogram for the next 10 days here on Thursday.

IHC Chief Justice Athar Minallah passed the order on petition challenging Sugar Inquiry Commission report.

Makhdoom Ali Khan and other lawyers appeared before the court and submitted that the Constitution made it clear, saying that the federation and provinces had different rights.

The counsel told the court that an ad-hoc committee was made in February to take action over increasing sugar prices, pointing out that the commission asked the federal government to carry out a forensic audit.

“The committee has been made on the recommendations of the commission,” the counsel said.

At this, Islamabad High Court asked the details about what the commission had said about rising sugar prices.

The Commission earlier in its 324 page report mentioned a lot of reasons behind increase in the price of sugar, adding that the commission had asked that action be taken against the FBR, FIA and NAB officials.

“ Sugar is important for every common man and the government should take measures in this regard,” CJ Minallah said while hearing the matter.

Justice Athar Minallah asked the counsel again about what the commission said regarding the sugar price hike. “Sugar is a necessity for a common man. The government should take measures in this regard."

Salman Akram Raja, another attorney general present at the hearing to represent a sugar mill owner, said that the commission did not separate the sue of sugar for the public and commercial purpose in its investigation.

“If the commission did not say anything about availability of sugar for the public then what did it say,” the CJ asked the counsel.

Khan interjected and informed the court that the commission did not comment on availability of the sugar for the public.

“What was the price of the sugar two years ago?,” the judge asked the counsel. To which the counsel said that the price of the sugar was Rs 53 per kilogram last year in November 2018.

The CJ observed that the price increased to Rs 85/kg in two years, asking the federal government if it had any objections to the court’s decision to which the additional attorney general replied by saying that the federal government would not oppose the court’s order.

“A matter of public interest is being brought forward in this matter. The commission never addressed the reasons for which it was formed,” observed Justice Minallah.

The Islamabad High Court issued notices to the federal government, Special Assistant to Prime Minister Shehzad Akbar and FIA Director General Wajid Zia. Secretary interior and members of the inquiry commission were also sent notices by the court.

During the hearing, the sugar mills owners' attornies alleged that a media trial was being carried out against them through the government's special assistants and ministers. He added that the commission had violated the terms of references (TOR) that were framed.

“We will send a notice to the government and ask them [about it] but for now, sell sugar for Rs70/kg,” the judge told the sugar mill owners. He added that if they agreed to the new price, the court will stop the government from taking action against them till the next hearing.

“This court does not usually intervene in the matters of the executive,” remarked the judge, but asked why the masses was not being provided their basic rights.

“In two years, the price of sugar went from Rs 53/kg to Rs85/kg,” remarked the judge, and wondered what the commission did if it did not recommend decreasing the sugar price for the people.

“The Inquiry commission’s aim was not to provide relief to the common man but to hold a media trial against us,” said Khan in response to the judge’s question. He alleged that a 'media war' was going on, adding that a briefing was also held on the matter Wednesday.

“ The court will stay order for taking action against sugar mill owners but the common man should be sold sugar at the price of Rs 70/kg,” the j judge remarked.

On other hand, Pakistan Sugar Mills Association and 17 other mill owners including PTI leader Jahangir Tareen questioned the report by the Sugar Inquiry Commission in the Islamabad High Court (IHC) on Wednesday. The mill owners said legal formalities were not fulfilled during the investigations conducted by the commission.

In its report, the commission accused the sugar mill owners of earning illegal profits amounting to billions of rupees through unjustified price hikes, benami transactions, tax evasion, suspicious sugar export deals, illegal power production, misuse of subsidy and purchasing sugarcane off the books.

They made federal government, Special Assistant to the Prime Minister on Accountability Mirza Shahzad Akbar, interior ministry, Federal Investigation Agency (FIA), FIA chief Wajid Zia and other departments as respondents.

They asked the court to declare Sugar Commission’s report as null and void and actions ordered by the prime minister in this regard to be suspended.

Prime Minister Imran Khan had promised action against the mafia involved in sugar and wheat crisis.

Fida Hussnain

Fida Hussnain is a lahore based journalist. He writes on politics, religion, social issues and climate change. He is also a research fellow at University of Gujrat.