ISLAMABAD - The Supreme Court of Pakistan Wednesday disposed of the federation appeal against the Lahore High Court (LHC) order regarding sugar price case.
A three-member bench of the apex court headed by Acting Chief Justice Umar Ata Bandial conducted hearing of the federation appeal against the LHC order of 3rd August. During the hearing, the bench was informed that its order dated August 12 had not been implemented. The acting CJP expressed concern that how the High Court was receiving post-dated cheques.
Justice Bandial said that they had ordered depositing money in cash then why its order had not been implemented. The federal government on August 10 had filed an appeal in the Supreme Court against the Lahore High Court (LHC) verdict on sugar price. The LHC in its order dated August 3 had restrained the government from taking action against sugar mill owners. The sugar mill owners had petitioned before the LHC for suspension of the notification dated 16th July, whereby ex-mill sugar price was fixed at Rs83.24 and retail price at Rs88.24.
The government has prayed to the court to grant leave to appeal against the order of single bench of Lahore High Court and set aside it in the interest of justice, saying that it is an irreparable loss to the public at large, when sugar, an essential commodity, is sold on high rate. The federation contended that the LHC single bench order dated August 3 is against the facts and law of the case, and the High Court has erred in law by granting final relief in the garb of interim relief.
Acting CJP concerned over accepting post-dated cheques by High Court
The federation contended that the LHC single bench order dated August 3 is against the facts and law of the case, and the High Court has erred in law by granting final relief in the garb of interim relief.
The appeal was filed under Article 185 (3) of Constitution and made the sugar mill owners as respondents and the Secretary Punjab Food Department and Cane Commissioner Punjab made as respondents. It contended that the LHC in exercise of its constitutional jurisdiction cannot act as appellate court to determine the merits of price determination by the government/Controller General under the Act 1977.
It said that the writ petition was not maintainable against fixation of price of an essential commodity under Section 6 of Price Control and Prevention of Profiteering and Hoarding Act 1977 by the Controller General of Prices being purely a question of fact in a specialized technical field.
It added that the jurisdiction exercised by the LHC judge in Chamber under Article 199 of Constitution 1973 amounts to interference in the executive domain and policy decisions of the government taken in the best interest of the public at large.
The appeal said that High Court in exercise of its judicial powers under Article 199 cannot adjudicate upon the matter relating to the economic policies of the executives, particularly fixing price of essential commodities without having the requisite expertise in specialized field. The fixation of price is a disputed question of fact which cannot be resolved in constitutional jurisdiction of the High Court.
It further said that it is a case of undue gains at the loss of public at large and writ being discretionary relief should be refused looking at the conduct of the sugar mills in causing loss to the public at large. The interim relief in the nature of final relief cannot be granted against the order of fixing price of sugar under section 6 of the Act 1977 at the cost of the public at large.
It continued that the price fixed by the Controller General of Pakistan after hearing petitioners and Pakistan Sugar Mills Association (PSMA) on the direction of the LHC order dated 23-07-2021 and reasons recorded for fixing of price on the basis of data provided by the 32 sugar mills, cane commissioners, Bank Record and finance division cannot be interfered in constitutional jurisdiction of the LHC.