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IHC suspends roti price cut notification

Accepting the Capital Naanbbai Association stay application Thursday Islamabad High Court suspended district administration notification that has slashed price of roti in Islamabad Capital Territory from Rs25 to Rs 16.

On Wednesday a single-member bench of Islamabad High Court (IHC) Justice Tariq Mehmood Jhangeri heard a petition challenging the legality of government notification, whereby the maximum price of Roti and Naan has been slashed by over 36%. After hearing the preliminary arguments, the Court admitted the petition for hearing and summoned the ICT administration to appear before it within 24 hours.

Background of the case is that in mid-April the government of Punjab issued notification slashing the price of Roti. The ICT administration followed suit and issued a notification setting the prices of Roti and Naan at Rs 16 and Rs 20 for a standard serv­ing size of 120 grams. Just four monts ago the price was fixed at 25 and 30 respectively.

This decision has been challenged by the Capital Naanbai Association, a civil society organization which represents over 3,000 Tandoors of Islamabad. The Petitioners are represented by the Barrister Umer Ijaz Gilani.

Earlier, Justice 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 tandoors establishments in the ICT are facing financial loss due to cut in reasonable profit.

Counsel for Petitioner further contended that without a legal authority, the 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.

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.”.

After hearing both parties in the case, the court adjourned the matter for May 06.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner - Mohla & Mohla - Advocates and Legal Consultants, Islamabad-Pakistan. Founder  ‘The Law Today Pakistan’ (TLTP) Newswire Service. Teaches Jurisprudence, International law, Civil and Criminal law.  Can be reached at mohla@lawtoday.com.pk

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