The Supreme Court on Thursday rejected the federal government’s petition challenging the Sindh High Court (SHC) decision which prevented it from taking action against sugar mill owners in the light of the recommendations of the Sugar Inquiry Commission report, a private TV channel reported.
The apex court ordered to maintain the SHC verdict till the next hearing. Chief Justice Gulzar Ahmed said in his remarks that sugar mills will not be benefited even if the report is nullified and the regulatory institutions cannot be barred from working.
During the hearing, Justice Ijazul Ahsan told the attorney general of Pakistan that the Islamabad High Court has also given a verdict on the matter. He also asked the government lawyer whether the SHC was informed about the IHC verdict.
To this, the AGP told the judge that the petition filed by the sugar mills association in SHC had mentioned the IHC verdict, however, the court in its interim order did not mention it. “There are a lot of allegations against the sugar mills in the commission report,” the AGP told the apex court.
At this point, CJP Ahmed asked the government lawyer whether the commission had listened to the sugar mills. The AGP replied that there was no need as it was a fact-finding commission. “For now, the commission’s actions have not been ruled illegal,” the AGP told the chief justice, adding that the report is an eye-opener and that all executive authorities have been activated against it.
“Has there been any action against the sugar mills on the commission’s report,” asked Justice Ahsan following the statement by the AGP. The government’s top lawyer responded by saying that some sugar mill owners have approached the Khyber Pakhtunkhwa and Balochistan High Courts and some do not want that action should be taken on the report.
The CJP then turned to the lawyer for the sugar mill owners and asked him why he seeks a stay order as it was just a report by the commission. Makhddom Ali Khan, the counsel for the sugar mill owners, responded by saying that the executive action has been challenged by some sugar mill owners in various courts. He added that reaching out to the high courts was not out of the ordinary.
Justice Ahsan intervened and remarked that the same sugar mill owners who approached IHC went to SHC. “How can one association approach two high courts?” asked Justice Ahsan. Makhdoom Ali Khan told the judge that the court needs to see if the commission was made according to law. He added that the apex court will also have to see if the commission was impartial and if it heard the point of view of the sugar mill owners. “If these things were not addressed then the court can intervene,” said the lawyer.
To this, CJP Ahmed asked how the commission’s report affected the sugar mill owners. While Justice Ahsan added that the IHC had declared that the commission was formed according to law. “How were the rights of the sugar mill owners affected by the sugar commission report?” asked CJP Ahmed. He added that what was the reservations of the sugar mill owners regarding the report.
Justice Ijazul Ahsan remarked, “The commission has apparently given a fact finding report, and pointed out deals along with other things. The report has been forwarded to relevant departments. Sugar millers should present their viewpoint if these departments send them show-cause notice.” “There was commotion in the entire country when sugar prices were increased. If the report is nullified on your request, all institutions will be back to square one and the matter would take ten years to get resolved. It is a big issue which is affecting people.” The hearing was adjourned till July 14.
