ISLAMABAD: The federal government on Tuesday filed an appeal before the Supreme Court against the Aug 3 Lahore High Court (LHC) order to provide remain to the sugar mills versus the federal government’s step to impose sugar cost as well as recuperate differential quantity from the mills.
Moved with Extra Attorney General Chaudhry Aamir Rehman, the allure requests the peak court to allot the LHC order which might trigger incurable loss to the public at large when sugar, being an important commodity, is sold on high prices.
The application pleads that the difference by the sugar mills over the recovery of over-head fees as well as revenues is a disputed question of truth when the price fixed by the controller general of prices (CGP) by trusting the data offered by 32 sugar mills on the ordinary basis is a well-reasoned as well as lawful order, focused on passing the advantage to the general public at large in giving an essential product on a regulated rate under the law.
Argues high court can’t settle upon issues associated with financial policies
8 sugar mills have been nominated as participants in the allure– Hamza Sugar Mills (Pvt) Ltd, Madina Sugar Mills, Indus Sugar Mills, Jauharabad Sugar Mills, Ashraf Sugar Mills, Adam Sugar Mills, Tandiawala Sugar Mills as well as Shahtaj Sugar Mills.
The application clarifies that the cost taken care of by the CGP via July 30 order at the rate of Rs84.5 per kg ex-mill and Rs89.5 per kg retail adhered to the same criteria embraced in the meeting earlier hung on April 7 on the directive of the LHC.
The allure argues that the cost dealt with by the CGP after listening to the Pakistan Sugar Mills Association by following the July 23 directive of the LHC and factors videotaped for dealing with the cost on the basis of the data provided by the 32 sugar mills, the cane commissioner, banks as well as finance division can not be interfered in the constitutional territory of the high court.
Hence the LHC through its Aug 3 order denied the public at large to get benefit of the price control of sugar, the charm competes, including that the jurisdiction exercised by the CGP is shielded under the pertinent regulation as well as can not be called in question by any type of court.
The government regrets that the LHC granted a last alleviation to the sugar mills in the clothes of the interim alleviation, particularly when the high court can not exercise its constitutional jurisdiction as an appellate court to determine the benefits of the rate determination by the CGP.
The charm mentions that the petitions before the high court were not maintainable as they challenged the repairing of price of a necessary asset under Area 6 of the Price Control and also Prevention of Profiteering and also Hoarding Act 1977 by the CGP, being purely an inquiry of reality in a specialized technological field.
Hence the jurisdiction exercised by the high court totals up to interference in the exec domain and also plan decision of the government taken in the most effective rate of interest of public at large, the appeal argues. The high court can not settle upon the issues relating to the financial policies of the executive, particularly fixing of rate of vital assets.