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SC moved against LHC stay order on ex-mill sugar price

The federal government Tuesday moved the Supreme Court, challenging the Lahore High Court’s stay order that restrained the provincial authorities from taking any action to lift the commodity from sugar mills premises under the recently fixed ex-mill rate of Rs89.50 per kilogram. the federal government has questioned legality and urged the court to set aside the high court order in the large interest of the public

Assailing the LHC order in the matter, the federal government submitted that the Controller General of Prices has fixed the sugar price per kilogram on July 30, 2021 @ Rs84.50 per kg ex-mill and retail prices Rs89.50 per kg. Additional Attorney General for Pakistan Ch Aamir Rehman further submitted that on the LHC direction in petition 23318/2021 the government has fixed the price on July 4,2021.

While requesting the top court to set aside the LHC order in the matter he submitted, “The alleged disagreement by sugar mills regarding the recovery rate, overheads and profits is a disputed question of fact and the price fixed by Controller General of Prices relaying upon the data provided by 32 sugar mills on the average basis and reasons recorded for each component is well reasoned and lawful order to pass the benefit to public at large in providing an essential commodity on a controlled rate under the law”.

The stay order kindly be set aside in the interest of justice. Ch. Aamir Rehman Additional Attorney General for Pakistan. It is pertinent to mention that sugar millers of the Punjab claimed before the court that in result of the provincial government punitive action in the matter against them will have grave impact on supply of sugar in the market. Counsel for the petitioners have alleged the government intended to confiscate his clients’ mills stock saying such action will affect supplies, adding that he apprised the court that sugar millers required appointment of an auditor in the matter.

Announcing its reserved verdict on July 03, the LHC has restrained the provincial government from carrying out measures against the millers and has directed the cane commissioner to compile the record on sugar supply.

In result of the LHCs verdict, all the petitions have been clubbed with the original case as the Bench has issued directives to officials to build a consensus on prices as the petitioners’ counsel saying it was impossible for the millers to sell sugar at government fixed Rs89.5. The single-member bench further said in his order that the petitioner’s point of view was not taken into account as the government announced fixed sugar prices.

Assailing the LHC verdict in the matter before top court on Tuesday, the federal government has questioned legality and urged the court to set aside the high court order in the large interest of the public.

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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