Sugarcane price case: Petition is not maintainable, claims PSMA counsel

SHC gives time to mill body’s advocate to prove matter is sub judice

HYDERABAD: For sugarcane growers who have hinged their hopes on the Sindh High Court (SHC) to get a fair price for their crop, the agony of uncertainty continues. SHC’s Hyderabad Circuit Bench on Tuesday put off the case till January 26 after hearing arguments of the litigants.

“The matter is sub judice in the Supreme Court,” said the counsel of Pakistan Sugar Mills Association (PSMA), adding that “Therefore, the petitions are not maintainable in the high court.”

The Sindh government belatedly fixed a rate of Rs172 per maund (40kg) for the crop earlier this month. But the farmers have been demanding Rs185 price, basing their argument on the precedent of always receiving higher rates in comparison to their counterparts in Punjab due to higher sucrose content in Sindh’s crop. In November, 2015, Punjab set the rate at Rs182 per maund.



The farmers’ lawyers argued before the bench of Justice Muhammad Iqbal Kalhoro and Justice Muhammad Iqbal Mehar that the apex court has not issued any restraining order. “The matter pertains to the price and that isn’t sub judice,” they contended after submitting a copy of the said notification.

At the next hearing, the PSMA’s counsel will have to submit documents to prove that the petition is not maintainable in the SHC as the Supreme Court is hearing the case.

Published in The Express Tribune, January 20^th, 2016.