ISLAMABAD: The Supreme Court to take up federal government's petition against the Sindh High Court (SHC) preventing it from taking action against sugar mill owners in the light of recommendations of a sugar inquiry commission today (Thursday).
A two-judge bench, headed by Chief Justice Gulzar Ahmed and comprising Justice Ijaz ul Ahsan will hear the federation's appeal.
Sindh High Court's June 23 stay order restrained it from taking action against sugar mills in light of the sugar inquiry commission's recommendations.
The government has urged the apex court to declare the SHC order null and void. It contended that the SHC had no jurisdiction to halt an investigation into a matter, adding the high court gave relief to the petitioners without affording it a fair hearing.
On June 23, the Sindh High Court stopped the government from further action on the sugar inquiry commission's report till next hearing. The federation's stance is that the government cannot be stopped from taking action on the sugar inquiry report.
A petition was filed against the sugar inquiry commission's report by Khairpur Sugar Mills and 20 others, which was taken up and further action on the report was temporarily halted.
The SHC sought an explanation from the sugar mills by June 30 while the petitioner has also been asked to explain why the matter was referred to the National Accountability Bureau (NAB) by Special Assistant to the Prime Minister, Shahzad Akbar.
The Islamabad High Court had on June 20 allowed the government agencies to take action against the sugar miller responsible for the shortage of the commodity earlier this year and dismissed a petition requesting the court to stop a crackdown started on the basis of the inquiry report.
While disposing of petitions of Pakistan Sugar Mills Association and sugar mill owners, the IHC declared the constitution of the inquiry commission to probe the cartelisation and price hike of sugar lawful and also validated its proceedings and report.
In its order, the IHC declared: "The constitution of the commission vide notification, dated 16.03.2020, read with notification, dated 25.03.2020 and pursuant thereto its proceedings and report, dated 21.05.2020 have not been found to be ultra vires of the Pakistan Commission of Inquiry Act, 2017 nor in violation of the fundamental rights of the petitioners. The report, dated 21.05.2020 was, therefore, lawfully considered by the federal cabinet in its meeting held on 21.05.2020."
Copyright Business Recorder, 2020
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