IHC seeks replies on petition against Islamabad Food Authority

ISLAMABAD: The Islamabad High Court has issued notices to the federal government, the Ministry of National Food Security, the Ministry of Interior, and the Islamabad Food Authority in a petition challenging the authority’s establishment and appointments made in connection with it.

The order was issued by Justice Khadim Hussain Soomro in a one-page written ruling on a petition filed by citizen Muhammad Fayyaz.

Petition challenges legal basis of authority

According to the court order, the petitioner argued that the Islamabad Capital Territory Food Safety Act 2021 had been breached in the process through which the Islamabad Food Authority was set up. The petition maintained that the authority was established without a gazette notification and without approval from the federal cabinet.

The court has now sought responses from the relevant federal authorities and the Islamabad Food Authority on the points raised in the petition.

Arguments presented before the court

During the proceedings, counsel for the petitioner contended that the legal requirements laid down under the Islamabad Capital Territory Food Safety Act 2021 were not followed.

The petitioner’s lawyer also referred to the Supreme Court’s Mustafa Impex case while arguing the matter before the high court. According to the counsel, under that judgment, the term federal government refers to the prime minister and the cabinet.

According to the petitioner, the Islamabad Capital Territory Food Safety Act 2021 was violated, as the authority was established without a gazette notification and approval of the federal cabinet.

The petition also challenges appointments linked to the authority, though the written order primarily records the objections concerning the manner in which the body was constituted.

With notices now issued, the federal government, the Ministry of National Food Security, the Ministry of Interior, and the Islamabad Food Authority are expected to submit their replies before the court in response to the claims raised by the petitioner.

The case centres on whether the creation of the Islamabad Food Authority complied with the legal framework cited by the petitioner and whether the process required formal cabinet approval and publication through an official gazette notification.

Justice Khadim Hussain Soomro’s written order does not decide the merits of the case at this stage, but formally brings the relevant respondents into the proceedings for their version on the legal objections raised in the petition filed by Muhammad Fayyaz.