Authorities restrained from taking action against sugar mills

KARACHI: Sindh High Court (SHC) on Tuesday restrained the authorities from taking action against sugar mills in the light of findings of the Sugar Inquiry Commission report.

A division bench of SHC issued orders after 20 sugar mills in Sindh moved the court against the Inquiry Commission on Sugar by suspending its operation against these sugar mills till next hearing of case.

According to court order, Makhdoom Ali Khan, the counsel for the petitioners urged the court, inter alia, that the Inquiry Commission's Report dated May 21, 2020 should be quashed.

Khan contended that commission was not constituted in accordance with the relevant legislation and it included members who had already made up their minds against the sugar mills as they were members of the Inquiry Committee which had been constituted for the same purpose earlier.

Khan argued that the members were thus biased and submitted that even though throughout the exercise none of the petitioners was asked for information or clarification regarding the operation and business of his respective sugar mill or mills.

The order stated that the commission's report has made observations against the petitioners, which, according to the counsel, has had an adverse impact on petitioners' reputation and businesses.

The court inquired how the matter fell within the writ jurisdiction of the court as no department took action against the petitioners; upon which, the counsel submitted that as consequence of the observations made in the report and the ensuing media debates on it created a perception that all sugar mills have indulged in unlawful activities.

The counsel further contended that such perception is detrimental to petitioners' businesses. In this regard, he cited certain cases from Australian and English jurisdictions in order to support his argument.

Khan also submitted that he would argue as whether or not the letter written by Special Assistant to Prime minister Shahzad Akbar to the NAB was lawful.

The court observed that sugar crisis is a national issue, adding that it must be addressed in a short span of time. The court put off the hearing of petition for June 30, 2020 after suspending the operation of the Inquiry Commission's report to the extent of the petitioners till the next date of hearing.