KARACHI: A division bench of Sindh High Court (SHC) on Friday reserved the judgment on a petition of sugar mills against the implementation of Sugar Inquiry Commission's report. The bench comprised of Justice K K Agha and Justice Omar Sial, reserved the verdict after the counsel of sugar mills and attorney of federal government concluded their arguments in the case.
Earlier acting Additional Attorney General Kashif Paracha giving arguments in the hearing of case stated that shortage of sugar and increase in its price have affected Pakistanis.
"Prime Minister adheres to law while discharging his duties as do the judiciary and commission was constituted under the approval of federal cabinet", Paracha replied when Justice Agha asked about the law under which inquiry commission was constituted.
Justice Agha said that no one is above the law , at which Paracha said rights of citizens are needed to be considered. "If rights of owners of sugar mills have been affected then these would be looked into later, government attorney submitted.
Justice Sial remarked that question arises over the constitution of inquiry commission in the presence of Securities & Exchange Commission of Pakistan (SECP) and Federal Investigation Agency (FIA). "If these departments are unable to discharge their duties, then these are better to be closed down", Justice Sial stated.
Government Attorney submitted that inquiry was not meant for sugar mills owners and was actually carried out to determine the causes of shortage of sugar. Commission report ascertained the real cause behind shortage of sugar and hike in its price.
He stated that neither sugar mills owners have been directly blamed nor restrained from doing their business. Makhdoom Ali Khan, counsel of sugar mills in his arguments stated that report says that consumers have been robbed of five billion rupees.
Counsel contended that government didn't rectify the conditions in its departments even after the report from of sugar inquiry commission. He argued that federal cabinet was briefed about the 253 pages of report and even action was ordered immediately. "It means that Special Assistant to Prime Minister Shahzad Akbar was informed about the contents of report", he stated.
Earlier, Makhdoom argued that the inquiry commission's report was not a judicial order, adding that the prime minister and the federal cabinet were also subject to the country's laws and Constitution and did not have unrestricted authority.
"What impression would there be if PM Imran Khan and the cabinet declare the report a criminal act? How would the Federal Board of Revenue (FBR) or Customs officials go against the government's statement?" he asked. The counsel further maintained that the special assistant to the PM on accountability, who had now been promoted to the status of an adviser, had interfered in the investigation without any authority.
Copyright Business Recorder, 2020
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