ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued notices to the respondents in the Pakistan Sugar Mills Association (PSMA)'s Intra-Court Appeal (ICA) challenging a single bench's verdict.
A division bench of the IHC comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the ICA, and directed Attorney General for Pakistan to appear before the court for assistance.
During the hearing, Makhdom Ali Khan advocate represented the PSMA, while Additional Attorney General (AAG) Tariq Khokhar appeared before the court on behalf of the federation.
The counsel for the association requested the court to declare the IHC judgment dated June 20 as "null and void".
He further said the commission submitted its report but there was no notification of its formation.
The AAG said that the notification of formation of the Commission was published in the Gazette of Pakistan on March 16th.
The bench, therefore, asked him to present the notification on the next date.
The sugar mills' counsel said if the notification was issued in accordance with the law, the case would be concluded in minutes.
The case was adjourned until July 15th.
A single bench of IHC Chief Justice Athar Minallah had turned down the petition challenging the report of the Sugar Inquiry Commission (SIC).
In the ICA, the PSMA particularly challenged the para of the IHC single bench's verdict, wherein, it had permitted the government to take action in this matter, and declared the formation of the SIC as legal.
In the said para, Justice Minallah had noted, "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 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."
In the ICA, the PMSA requested the court to set aside the short order of a single bench of IHC to the extent of the impugned findings in the aforementioned para of the order.
The single bench judgment said that the Federal Government was empowered under Section 18(b)(i) of the National Accountability Ordinance, 1999, to send a reference to the National Accountability Bureau (NAB) but declared that such a decision had to be taken in accordance with the law.
Justice Minallah made it clear that the report of the SIC dated May 21st was "lawfully considered by the Federal Cabinet in its meeting" held on the same date.
However, the IHC bench declared that the functions and powers vested in the Federal Government could not be delegated.
Therefore, the court maintained that the decision of the Federal Cabinet to the extent of delegating its functions and powers to Shehzad Akbar, special assistant to the prime minister on accountability and interior, and approval of "Action Matrix" was not in consonance with the law laid down by the Supreme Court.
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