Rejecting a petition filed by the Pakistan Sugar Mills Association (PSMA) seeking an extension of the stay order earlier given after the release of the sugar inquiry report, the Islamabad High Court Saturday allowed the government to take action against those found involved in the scam.
IHC Chief Justice Athar Minallah on June 11 had barred the authorities from proceeding in this regard and issued directives for the commodity to be sold at the rate of Rs70/kg for the next 10 days. The petition had been filed by the entire sugar industry, including family members of PTI leader Jahangir Tareen, opposition leader Shehbaz Sharif and federal minister Khurso Bakhtiar. The petitioners had claimed that the probe report “exceeds the constitutional mandate and limitations of a Federal Commission of Inquiry constituted under the 2017 Act, as it trespasses into matters within the exclusive legislative and executive domains of provinces”.
In its short order, issued after Attorney General Khalid Jawed Khan concluded his arguments, the court disposed of the petition and ruled that the formation of inquiry panel was legal. “The constitution of the Commission vide notification, dated 16.03.2020, read with notification, dated 25.03.2020 and pursuant thereto its proceedings and report, dated 21.05.2020 have not been found to be ultra vires the Pakistan Commission of Inquiry Act, 2017 nor in violation of the fundamental rights of the petitioners. The report, dated 21.05.2020 was, therefore, lawfully considered by the Federal Cabinet in its meeting held on 21.05.2020,” it said.
The order stated that the functions and powers vested in the federal government cannot be delegated. “The decision of the Federal Cabinet, dated 21.05.2020, to the extent of delegating its functions and powers to respondent no. 4 i.e. Mr Shehzad Akbar, Special Assistant to the Prime Minister on Accountability and Interior and approval of ‘Action Matrix’ is not in consonance with the law laid down by the august Supreme Court.”
The IHC further ruled that the government is fully empowered to send a reference under section 18(b)(i) of the National Accountability Ordinance, 1999, to the National Accountability Bureau. “The learned attorney general […] has stated that he would advise the competent authority to submit the proposed action(s) for the consideration of the federal cabinet. The federal cabinet after considering the proposed action(s) shall be at liberty to take such decisions as it may deem appropriate,” the order read.
Earlier, Attorney General Khalid Jawed Khan said that it has become a tradition in Pakistan that powerful employees of PSMA are present in the government. “It would be wrong to say that the commission of inquiry was set up to take revenge on political opponents,” he said. “The inquiry is also being conducted against the government’s strong allies and friends, which is proof that this is not a biased operation,” he added.
The AGP further said that that there was an objection to the inclusion of Inter-Services Intelligence (ISI) members in the committee. “Let me explain this,” the AGP said. “The Supreme Court also constituted a Joint Investigation Team (JIT) in the Panama and fake accounts case. The inquiry commission worked under terms of references (TORs) to cover all aspects of the sugar industry,” he said.
Justice Athar Minallah said that the PSMA also has a problem with the government’s press conferences on the issue. “Those who are in the government do not need to hold such press conferences, as it affects the rights of the other party, inquiry and investigation,” the IHC CJ said. “There should have been no such press conferences at all,” he remarked.
Sugar mills association lawyer Salman Akram Raja while presenting his arguments referred to the case of cricketer Saleem Malik. “The cricketer was accused of violating the International Cricket Council’s code of conduct and he had not violated any law in Pakistan, but since there was no law in Pakistan regarding the allegations against him, an inquiry commission was formed,” he said. Therefore, all relevant laws on sugar are present in the country, so there is no need to form an inquiry commission on government’s level, he maintained.
PSMA advocate Ali Khan sought extension of the stay order, but the court refused to grant further stay order on the sugar inquiry report.
Meanwhile, Prime Minister Imran Khan on Saturday vowed to take the sugar case to its logical conclusion. Presiding over PTI’s core committee meeting in Islamabad, Imran Khan said that the artificial rise in sugar prices adversely affected the life of the common man. He said that the PTI-led government will take strict action against those found involved in the sugar crisis.
