ISLAMABAD: While hearing a petition against the much-debated inquiry report on the recent sugar crisis, the Islamabad High Court (IHC) on Thursday barred the government from acting on the recommendations of the inquiry commission, which accused key politicians of misuse of public money and cartelisation leading to massive price hike of the commodity in the country, for a period of 10 days.
IHC Chief Justice Athar Minallah issued the directive after representatives of the sugar industry agreed to sell the commodity at Rs70 a kilogram during this time. The next hearing was fixed for June 21.
The sugar inquiry commission, led by Federal Investigation Agency (FIA) chief Wajid Zia, had implicated former Pakistan Tehreek-i-Insaf (PTI) secretary general Jahangir Khan Tareen, Minister for Economic Affairs Division Makhdoom Khusro Bakhtiar, Pakistan Muslim League-Quaid (PML-Q) MP Moonis Elahi and Salman Shehbaz, the son of Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif.
Yesterday, an appeal was filed by the entire sugar industry, including family members of the accused and the Pakistan Sugar Mills Association (PSMA) against the inquiry commission. The petitioners 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”.
During the hearing, the legal representative of the sugar industry, Makhdoom Ali Khan, informed the court that in its 324-page report, the commission has stated that even though sugar was available in large amounts, a situation was created to suggest that there would be a shortage. He also raised questions over the use of executive authority.
The chief justice inquired about the commission’s findings regarding the price hike to which the Khan responded: “The commission mentioned a lot of reasons in its 324-page report.”
The plaintiff also recalled that the commission had recommended that the Federal Board of Revenue (FBR), FIA, and National Accountability Bureau (NAB) should take action against those implicated.
IHC chief justice asked mill owners how much of their produce is sold to the public. To which, the plaintiff responded: “It’s a simple thing […] 30 per cent of the sugar should be sold to the public.
“Sugar is a need of a layman [and] the government should also take steps in this regard,” Justice Minallah remarked, adding: “Commission did not give any finding regarding the convenience of the layman. The purpose for which the commission was formed was not addressed.”
The judge further said: “This court does not usually interfere in the matters of the executive but sugar is a requirement of a labourer. They [government] are giving subsidies on Coca Cola, why aren’t they providing basic rights to the public?”
In response to a question, the industry’s counsel informed the court that in November 2018, sugar price was Rs53 a kilogram, to which the chief justice remarked it had increased to Rs85 per kilogram in a span of just two years. The counsel did not comment on this.
Justice Minallah said the court will issue a stay order if mill owners agree to sell the commodity at Rs70 per kilogram until the next hearing, to which their counsel agreed. The judge also asked Additional Attorney General (AAG) Tariq Khokhar if the federal government would oppose the court’s option, to which Khokhar responded in the negative.
The court issued notices to all respondents named in the petition, including the federal government, and directed the registrar office to fix the hearing of the case after 10 days.
