–IHC CJ says govt can setup inquiry commission in public interest without invoking Pakistan Commissions of Inquiry Act, 2017
ISLAMABAD: The Islamabad High Court (IHC) on Tuesday turned down a petition by an oil marketing company (OMC) seeking to stop the Federal Investigation Agency (FIA) from taking action against it for its alleged role in the recent petrol crisis, which witnessed artificial storage of the commodity in the country following a drop in its price.
Last month, the federal government had cut the petrol price by Rs7.06 per liter, bringing it from Rs81.58 per liter to Rs74.52 a liter following a global drop in the prices of petroleum products. However, in the first week of June, fuel stations across the country faced an acute shortage of supply, adding to the difficulties of the public as well as transporters.
A subsequent inquiry found out that oil companies had failed to maintain stocks of fuel at their depots as per their license terms i.e. 20 days, and also delayed the import of fuel. Due to the limited availability of fuel stocks with retail outlets, consumers could not find oil as per their demands, which led to panic buying.
Following the release of the investigative report, Prime Minister Imran Khan ordered punitive action against the companies which included Royal Dutch Shell, Total Parco, Hascol Petroleum and Attock Petroleum among others.
Last week, Attock Petroleum had approached the court, seeking to set aside two notifications, issued by the Ministry of Energy on June 8 and 9, announcing governmental actions against the oil companies held responsible for the crisis.
Taking up the petition for hearing, IHC Chief Justice Athar Minallah issued notices to the Ministry of Energy, Oil and Gas Regulatory Authority (Ogra), the fuel crisis committee and the FIA to submit a response by June 25.
In the petition, the plaintiff submitted that the inquiry commission was not formed under the Pakistan Commissions of Inquiry Act, 2017. Responding to the argument, Justice Minallah observed that it was not necessary for the government to set up an inquiry commission under the relevant inquiry act.
“The government has certain responsibilities and is answerable to the people,” he said, adding that if there is a disruption in fuel supply, the executive holds the power to order an inquiry.
Justice Minallah asked the petitioner to satisfy the court in the next hearing as to why should it interfere in the constitutional powers exercised by the executive.
The high court also rejected a request seeking to stay the government from taking action against the oil company until the next hearing.
Upon the petitioner arguing that it has been issued with a show-cause notice, the judge recalled that a similar petition has been pending with the court wherein the sought restraining order was not issued.
Justice Minallah issued notices on the original petition as well as the pending one and announced to take it up on the same day.
The hearing was subsequently adjourned till June 25.
