IHC issues notices to Islamabad officials as ‘naan bais’ challenge cut in ‘roti’ price

ISLAMABAD: The Islamabad High Court (IHC), Wednesday, issued notices to Islamabad chief commissioner and others in a petition filed against the reduction of ‘naan and roti’ prices.

A single bench of Justice Tariq Mehmood Jahangiri heard a petition moved by Sajjad Ali, president Naanbai Welfare Association through his counsel Umer Ijaz Gillani advocate.

The petitioner challenged the notification dated April 15, issued by District Magistrate, ICT Islamabad, whereby, the price of roti (tandoori 120 gram) has been fixed at the rate of Rs16 and the price of naan (120 gram) has been fixed at the rate of Rs20.

The counsel for the petitioner contended that impugned notification has been issued by the District Magistrate, ICT, Islamabad, by exercising the powers under Section 3 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977, whereas, Section 3 of the Act provides that only the federal government is empowered to issue such notification.

He contended that the impugned notification issued by incompetent authority is erroneous and is not tenable under the law; hence, the same is liable to be set aside.

Gilani further contended that on 14.04.2024, the Government of Punjab has issued a notification, whereby, the price of roti of 100 gram has been fixed at Rs16 so how in Islamabad Capital Territory, roti having weight of 120 gram can be sold at the same price; i.e., Rs16, even the price has not been fixed in accordance with the law, as well as, in the law laid down in a case reported as “Meat Merchants Welfare Association, Karachi and another. v. Government of Sindh and 02 others as no opportunity of hearing or notice has been issued to the Naanbai/ Tandoor Association. The petitioner being a naanbai is a poor citizen is suffering irreparable loss due to unjustified and illegal act of deputy commissioner, ICT Islamabad; hence, the impugned notification is liable to be set aside.

Justice Jahangiri noted in his written order, “Points raised, need consideration. Notice to the respondents. Deputy Commissioner, ICT, Islamabad is directed to depute a senior law knowing officer, well conversant with facts of the case to appear, in person, along with record in order to assist the Court on the next date of hearing.”

The court also directed the additional attorney general and advocate general, ICT, Islamabad to depute law knowing officers, to appear, in person, to assist the court.

Later, the bench deferred the hearing until today (Thursday).

Copyright Business Recorder, 2024