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Wednesday November 27, 2024

CJP to open Sharifs’ mills if Tareen fails on cane plan

By Sohail Khan
January 11, 2018

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar observed on Wednesday if Jehangir Tareen did not give plan to purchase sugarcane from the growers by today (Thursday), he would put the sugar mills of Sharif operations.

He also observed that he would not allow loss of the farmers in this regard.

The Supreme Court (SC) sought a response from Jamalud Din Wali (JDW), a sugar mills owned by Pakistan Tehreek-e-Insaf (PTI) leader Jehangir Tareen for purchasing sugarcane from the growers.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar heard an appeal filed by farmers' body CPLA against Lahore High Court (LHC) verdict that declared relocation of three sugar mills of Sharif family to southern Punjab illegal.

The court directed Barrister Aitzaz Ahsan, counsel for JWD Sugar Mills, owned by PTI leader Jehangir Tareen to come up with a viable proposal today (Thursday) showing that Mr Tareen was ready to purchase sugarcane from the growers in the vicinity otherwise the court might accept the farmers' plea in the matter.

Pakistan Kissan Ittehad filed a Civil Petition for Leave to Appeal (CPLA) through Pakistan Bar Council Vice Chairman Muhammad Ahsan Bhoon challenging Lahore High Court verdict which had declared relocation of three sugar mills owned by the Sharif family from central Punjab to southern Punjab illegal in September last year.

It pleaded for granting leave to appeal and prayed for suspending the operation of the Lahore High Court verdict in the matter.

Last year in September, learned Lahore High Court declared relocation of Sharif family mills illegal including Chaudhry Sugar Mills, Ittefaq Sugar Mills, Haseeb Waqas Sugar Mills, and Abdullah Sugar Mills.

On Wednesday, counsel for Sharif family sugar mills apprised the court that his client’s sugar mills were not operative whereas the Lahore High Court had asked to relocate the mills from southern Punjab.

Chief Justice however, observed if the mills were installed illegally, it was sure that such mills would be shifted from the area besides the Chief Justice rejected plea of the counsel to suspend Lahore High Court verdict till final decision of the CPLA in hand.

The farmers’ body, Pakistan Kissan Itteghd while challenging the Lahore High Court verdict in the matter termed high court decision detrimental to the financial interests of the sugarcane growth, crushing and processing and is consequently contrary to national interests.

The verdict did not consider that farmers were able to cultivate a cash crop which enabled them to create a food basket in rural areas. This is a crop which contributes greatly to Pakistan’s economy as well as rural development, the petitioner contended.

The Kissan Ithead contended that they should not have to bear the losses as a result of a ban on relocation simply because three industries may have acted in a mala fide manner.

Similarly, it also claimed that the learned high court verdict had strangulated the principle of competition within an industry, adding verdict of the high court failed to take into consideration that by striking down relocation policy, it had drastically affected growth of a cash crop and decimated standing crops on land that would otherwise be very poorly utilised.

The petitioner while terming relocation of sugar mills policy well-structured and reasonable, alleged the Lahore High Court verdict was tantamount to a violation of their fundamental rights under Article 25 of the Constitution of Pakistan.

It contended that the impugned judgment had failed to read Clauses 5 and 8 of the Relocation Policy harmoniously and had thereby arrived at a finding of inconsistency and conflict that in fact did not exist either between the various provisions of the notification of 04.12.2015 or between the said notification and Section 3 of the Ordinance of 1963. Meanwhile, the court adjourned the hearing for today (Thursday).