Sugar mills can’t get off the hook: CJP Gulzar Ahmed

ISLAMABAD: The Supreme Court on Thursday rejected the plea of federal government seeking suspension of the order of Sindh High Court (SHC) that had halted the operation of the recommendations of the Inquiry Commission report on sugar with Chief Justice of Pakistan Gulzar Ahmed observing that the sugar mills can’t get off the hook and they won’t get anything even if the Commission report is nullified.

A two-member bench of the apex court comprising Chief Justice Gulzar Ahmed and Justice Ijazul Ahsen heard the petition of the federal government praying for granting leave to appeal against the order dated 23.06.2020 passed by the High Court of Sindh, suspending the operation of the Inquiry Commission report to the extent of 12 sugar mills owners.

The SHC had directed for de-listing of the case on June 30, holding that the operation of the Inquiry Commission report to the extent of the petitioners shall remain suspended till the next date of hearing.

The Supreme Court rejected the plea of the federal government and referred the matter to a three-member bench with the observation that the instant matter will be decided on merit and adjourned further hearing until July 14.

Chief Justice Gulzar Ahmed observed that the government should take the action without the Inquiry Commission report and questioned as to who restrained the government from doing so.

Attorney General Khalid Javed pleaded for suspending the order of the SHC, adding that the order of the High Court has halted the implementation of the recommendations of the Inquiry Commission report on sugar.

At this, the court questioned as to whether the Inquiry Commission was not required to give an opportunity to the sugar mills owners to give their stance in the instant matter.

The attorney general replied that there was no need to listen their stance as it was a fact-finding commission. He added that some of millers were against any action may be taken by the concerned authorities on the fact findings of the Inquiry Commission on sugar. He informed the court that thefindings of the Inquiry Commission are an eye opener as it came up with allegations against the sugar mills.

The AG further informed the court that owners of some sugar mills knocked at the doors of Balochistan High Court while some approached the Peshawar High Court. The AG informed the court that he has advised the government not to ask any institution to issue directions on the matter but the concerned quarters should be enabled to proceed in an independent manner.

Makhdoom Ali Khan, counsel for Sugar Mills owners, said the Inquiry Commission was constituted without any notification hence he said it has no legal status.

The chief justice said that the Sugar Mills Association cannot ignore the report submitted by the Inquiry Commission, adding that if the commission was declared illegal, even its report cannot be suspended. The CJP said that the regulatory bodies could not be restrained from its work.

The chief justice asked Makhdoom Ali Khan as to why he sought a stay order as it was just a report by the Commission, adding that the millers had challenged the executive orders in different high courts.

Justice Ijazul Ahsen asked that the millers who approached the SHC also went to Islamabad High Court. “How could one Association approach two different high courts,” Justice Ijazul Ahsen asked the counsel for Sugar Mills Association, while the chief justice asked the counsel about the reservations of the millers on Sugar Commission report.

Makhdoom Ali Khan replied that the Sugar Mills Association has approached the IHC in personal capacity, adding that the Inquiry Commission has just given its recommendations, however, if the report affects any party than court can be approached.

Justice Ijazul Ahsen said the Inquiry Commission apparently came up with fact findings and pinpointed certain matters including deal and the report of the said Commission has been forwarded to concerned institutions for taking action, adding that if the state institutions may sent show cause notice to the millers than they should give their stance before the concerned quarters.

The judge further noted that the rise in sugar prices rocked the country while the cabinet has forwarded the report of the Inquiry Commission to concerned organisations. “Do you want that the report compiled by the Inquiry Commission on sugar be set aside and the concerned organisations start its work from zero,” Justice Ijazul Ahsen asked the counsel for sugar mills owners, adding that such an exercise will take 10 years to complete.

Makhdoom Ali Khan replied that it is the court to examine as to whether the said Inquiry Commission was constituted in accordance with law and to whether it was impartial? Similarly, he said that the court has to look as to whether the Commission provided an opportunity to the mills owners to have their view point, adding that if these were not taken into consideration then the courts could intervene.

The court observed that the IHC had declared that the Inquiry Commission was constituted as per law. Justice Ijazul Ahsen asked the attorney general whether the SHC was not informed about the order passed by the IHC.

The attorney general replied that it is mentioned in the petitions, filed by the 12 sugar mills before the SHC. However, he said that the interim order of the SHC did not mention it. Makhdoom Ali Khan submitted that the gazette notification was not issued for the constitution of the said Inquiry Commission which was required and mandatory for such purpose. He submitted that the IHC has not yet issued detailed judgment in the matter.

The attorney general submitted that no organisation will issue order against the sugar mills owners. He said that some 12 sugar mills had approached the SHC and its order dated 23.06.2020, suspending the operation of the Inquiry Commission report was to the extent of these 12 sugar mills.

Meanwhile the court adjourned the hearing until July 14 with the direction to fix the instant matter before a three-member bench.