SC to hear Centre's plea against SHC's orders in sugar crisis probe tomorrow

Federal govt has questioned mill owners approaching the SHC after the matter was decided by IHC

ISLAMABAD:

The Supreme Court (SC) will be hearing the federal government's plea against the Sindh High Court’s order, preventing it from taking action against sugar mill owners in line with the recommendations of an inquiry commission, tomorrow (Thursday).

A two judge bench led by Chief Justice of Pakistan Justice Gulzar Ahmed will take up the petition, filed by Additional Attorney General Tariq Khokhar, against the SHC’s June 22 stay order in favour of sugar mills owners.

The federal government has questioned the mill owners decision to approach the SHC after the Islamabad High Court had already decided the same matter.

It is also contended that the high court did not have the jurisdiction to stop an investigation into any matter.

"The act of approaching different high courts whereby parties may attempt to have their cases heard in the court (thought by them to provide a favourable judgment) is alien to the concept of rule of law, and would create highly undesirable situation, placing different high courts in a highly embarrassing situation", the government maintains in its petition against the SHC order.

The petition further contends that if the ex parte interim order is not set aside by this honourable court, it would create a highly undesirable precedent, and accord a licence to all persons violating different laws to avoid lawful proceedings by attempting to secure relief from different high courts, thereby completely frustrating any lawful action.

This would create a catastrophic situation and virtually render statutory bodies dysfunctional, the petition maintains. "Hence, the gravity of the situation and urgency that warrants approach to this hon’ble court without first contesting the matter before the hon’ble Sindh High Court," the petition adds.

On June 22, the SHC had stopped the federal government from taking action against the sugar mills owners who – according to an inquiry commission report – had minted billions of rupees by allegedly whipping up a sugar crisis in January this year.

An SHC division bench comprising Justice Omar Sial and Justice Zulfiqar Ali Sangi issued this order on a petition filed by various sugar mills against the inquiry commission’s forensic report that was unveiled in May this year.