LHC stops all action against sugar mills after hearing petition filed

According to reports, the Lahore High Court (LHC) has stopped the government from taking any coercive measures against the sugar mills – including those owned by PTI’s disgruntled leader Jahangir Tareen – which moved the court against the government’s decision to fix sugar prices. The court decided to abort all action against the sugar mills after hearing the petitions filed by the four sugar mills.

Details of the Petition filed by the Sugar Mills

The petition filed by the four sugar mills claimed that the government set the price of the commodity based on a so-called determination of facts which was “patently erroneous and deliberately manipulated to arrive at a pre-conceived result.”

The petition requested the court to declare a notification issued by the government on the 30th of July illegal. It claimed that the assumption and exercise of jurisdiction by the federation and its functionaries – followed by the provincial functionaries – violate the provisions of the Constitution.

Moreover, the petition requested the court to suspend the operation of the notification till a final decision of the writ petitions. The petition read:

And respondents (provincial government, cane commissioner, secretary food department and others) be directed to restrain from adopting any coercive measures against the petitioners, their sugar stock, status quo be directed to be maintained.

The petition also asked the court to impose certain costs and outlays incurred by the petitioners as part of the chain leading from procurement of raw sugarcane to the production and delivery of refined sugar but which have been entirely ignored by the respondents in the determination of arbitrary price.

The sugar mills claimed that the order is clearly violative of the orders of the LHC on the 7th of April, 2021, 21st of May, 2021, and 23rd of July 2021. The LHC had clearly stated that the parties had agreed on all price elements except the impact of the price of molasses and overheads.

Concerning this, the petition read:

The respondents, illegally and without any basis and in violation of directions of this court, issued the impugned notifications fixing the price based on totally new criteria on which previously they had agreed with the petitioners.

The petition further stated:

On the 7th of April, 2021, the respondents agreed that the cane price per 40kgs was Rs. 265. However, respondents, while fixing the price of sugar in the impugned notification, changed it to Rs. 259. Similarly, the sugar recovery rate was enhanced from 9.39% to 9.87%. However, there was no dispute on it, as seen from the previous proceedings in various writ petitions and others passed therein.

After hearing the petition filed by the four sugar mills, LHC’s Justice Rasaal Hasan Syed issued notices to the federal and provincial governments on Tuesday. However, the federal government was quick to challenge the LHC single bench’s decision in the Supreme Court.

What are your thoughts on this? Please share with us in the comment section below.

  • کیوں نہ سپریم کورٹ اور باقی تمام ادارے ختم کرکے کے لوہار ہائی کورٹ کو تمام انتظامی اور حکومتی اختیارات دے دئے جائیں

  • Featured Content⭐