Public Interest Litigation – Human Rights Activist Shahbaz Shah to invoke IHC jurisdiction over non performance of IFA

Human Right activist in Capital Advocate Syed Shabaz Shah has decided to invoke jurisdiction of Islamabad High Court (IHC) over executive’s failure to establish regulatory framework and enforcing mechanism required for performance of Islamabad Food Authority (IFA).

Talking to TLTP, Advocate High Court Shahbaz Shah informed that one of the main objectives of establishing a food authority in the public sector is to ensure the safety and quality of food consumed by the public. He informed a food authority was established 10 months ago in Capital during March 2023 in response to promulgation of Islamabad Capital Territory – ICT Food Safety Act, 2021.  “By exercising constitutional Right under Right of Access to Information Act, 2017, I sought information regarding implementation of the ICT Food Safety Act, 2021 from head of the Authority – the Chief Commissioner Islamabad”, Shah told.

Through his letter, Advocate Shah sought details on licensing requirements for food businesses in the ICT, number of food safety officers appointed, establishment and status of food laboratories, existence of food tribunals, and framing of rules status under Section 36 of the Act. Additionally, he asked for names of current members of the IFA. The letter emphasized the importance of timely response under the Right to Information Act and provides contact details for further communication. However, the Chief Commissioner Islamabad office failed to provide response to which Advocate Shah filed an appeal before Right to Information Commission.

Advocate Syed Shahbaz Shah, Islamabad Food Authority, IFA, Chief Commissioner Islamabad, Right to Inforamtion Act 2017, ICT Food Safety Act, 2021, Advocate High Court Syed Shahbaz Shah, Islamabad High Court, Editor
Adv Syed Shahbaz Shah

In response to the Commission intervention, the Chief Commissioner Islamabad office expressed inability to carry out one of the IFA business for licensing and registration of food businesses in the Capital so far as bank account opening for the purpose was in process.  Secondly, the office informed saying two food safety officers were appointed along with dairy specialist and veterinary specialist to ensure the implementation of the Act.

Thirdly, the office told that restrained budgetary allocation to establish food laboratories in Capital impeded  to carry out the Authority business saying IFA has still no structure of laboratories so far to test food samples for which the ICT administration has taken Nutrition Division of National Institute of Health on board. Fourthly, the Chief Commissioner office informed that food tribunal under the Act has not been established yet so appeals can be filed before Session court for adjudications. Fifthly, IFA has not framed its rules so far saying the Authority has adopted regulations from Punjab Food Authority to run affairs of the Authority in the ICT.

Author

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

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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