While hearing plea challenging legality of Roti and Naan price reduction notification in Islamabad Capital Territory, single member bench of Islamabad High Court Wednesday issued notice to Deputy Commissioner and others in the matter for Thursday.
In response to an initiative by the Punjab government, the ICT administration has issued a notification setting the prices of Roti and Naan at Rs 16 and Rs 20 for a standard serving size of 120 grams.
Advocate Supreme Court Umer Ijaz Gilani has invoked jurisdiction of the Islamabad High Court (IHC) on behalf of Sajjad Ali making Chief Commissioner and three others as respondents in the matter saying without observing due process of law price for Roti and Naan has been decreased. The petitioner has come with the claim that such decrease in prices has no compatibility with ratio of decrease in flour price in the market.
During proceeding of the petition, Justice Tariq Mehmood Jahangiri raised question as to why petitioner has assailed the notification because it seems in the benefit of general public. Responding to the query, Barrister Gilani submitted that no subsidy mechanism has been implemented in the matter in line with flour prices saying in the scenario more than 3000 tandoor establishments in the ICT are facing financial loss due to cut in reasonable profit.
Barrister Gilani further contended that without a legal authority District Magistrate has issued notification on April 15,2024 while exercising powers under Section 3 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977. He pointed out Section 3 of the Act only authorized the Federal Government to issue such notification. Barrister Gilani urged the court to set aside the notification in the matter on the grounds that an incompetent authority has issued this notification.
He apprised the bench that on April 15,2024, Punjab government has issued a notification, whereby price of Roti of 100 Gram has been fixed @ Rs.16/-, making point the counsel submitted how in the ICT, Roti having weight of 120 Gram can be sold at the same price i.e. Rs.16/-, even the price has not been fixed in accordance with law, as well as in the law laid down in a case reported as “Meat Merchants Welfare Association, Karachi and another. v. Government of Sindh and 02 others.” (1983 CLC 464),
He pointed out another violation of law of the land saying that no opportunity of hearing or notice has been issued to the Naanbai /Tandoor Association. He said the petitioner being Naanbai is poor citizen, is suffering irreparable loss due to unjustified and illegal act of Deputy Commissioner, ICT, Islamabad, hence the impugned notification is liable to be set-aside.
After brief hearing of the matter, the bench said in its order, “ Points raised, need consideration. Notice to the respondents. Deputy Commissioner, ICT, Islamabad is directed to depute a senior law knowing officer, well conversant with facts of the case to appear, in person, alongwith record in order to assist the Court on the next date of hearing. Learned Additional Attorney General and Advocate General, ICT, Islamabad are also directed to depute law knowing officers, to appear, in person, to assist the Court.”.
Later, matter was adjourned for April 25.
