ISLAMABAD - The Islamabad High Court (IHC) on Thursday suspended the city administration’s notification regarding the reduction of roti prices. A single bench of the IHC, comprising Justice Tariq Mehmood Jahangiri, conducted a hearing of a petition filed against the reduction of naan and roti prices. The petition was filed by Sajjad Ali, President of the Naanbai Welfare Association, through his counsel, Umer Ijaz Gillani Advocate. In the petition, the petitioner challenged the notification dated April 15, issued by the District Magistrate, ICT, Islamabad, whereby the price of Roti (Tandoori 120 Gram) was fixed at Rs.16/- and the price of Naan (120 Gram) was fixed at Rs.20/-.
During the hearing, a representative of the district administration argued that district coordination officers (DCOs) had been given the authority to set prices under an amendment to the relevant laws.
In response, Umer Ijaz Gillani contended that federal price control fell under the monitoring of the Prime Minister. The representative replied that the controller general of prices and supplies would be appointed by the federal government.
He explained that the assistant controller would be appointed by the officer authorized by the government, adding that the controller general was empowered to set prices.
The petitioner’s counsel further argued that the notification had been issued under section 3 of the Price Control and Prevention of Profiteering and Hoarding Act 1977, which did not grant the controller general the power to set prices and was not referenced in the notification.
Justice Jahangiri inquired whether a roti weighing 120 grams was being sold at Rs.25 in Punjab. The Islamabad spokesperson clarified that the said rate was from another province. Gillani pointed out that flour is expensive in Islamabad and rent is high in the federal capital. The representative informed the court that the concerned officer was not present and requested the court to accept the comments and adjourn the hearing.
The IHC bench asked whether the authorities consulted tandoor owners regarding the cost of flour or issued the notification solely to appease the public.
Subsequently, the court suspended the notification, seeking detailed responses from the respondents, and deferred the hearing of the case till May 6.
The counsel for the petitioner argued that the impugned notification had been issued by the District Magistrate, ICT, Islamabad, exercising powers under Section 3 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977, whereas Section 3 of the Act stipulates that only the Federal Government is empowered to issue such notifications.
He contended that the notification issued by an incompetent authority was erroneous and untenable under the law, hence it should be set aside.
The counsel further contended that on April 14, 2024, the Government of Punjab issued a notification, fixing the price of Roti of 100 Gram at Rs.16/-, so how could Roti weighing 120 Gram be sold at the same price in Islamabad Capital Territory? He argued that the price had not been fixed by the law, citing a case reported as “Meat Merchants Welfare Association, Karachi and another. v. Government of Sindh and 02 others,” as no opportunity for a hearing or notice had been issued to the Naanbai/Tandoor Association. He emphasized that the petitioner, being a Naanbai, is a poor citizen suffering irreparable loss due to the unjustified and illegal act of the Deputy Commissioner, ICT Islamabad, hence the impugned notification should be set aside.