IHC upholds sugar inquiry commission's report, dubs it legally valid

A day after the SHC quashed the sugar inquiry commission's report terming it illegal, the Islamabad High Court upheld that the commission's report was legally valid, and dismissed the Sugar Mills Association's intra-court appeal.

The reserved verdict was announced by a division bench of the IHC, comprising Justice Miangul Hasan Aurangzeb and Justice Lubna Saleem Pervaiz. The bench declared that the commission's report was valid and legally sound.

The court upheld its earlier decision, issued by a single-bench, that the commission had 'acted fairly'.

On July 24, a division bench of the IHC, comprising Justice Aamir Farooq and Justice Miangul Hassan Aurangzeb, had reserved the verdict on intra-court appeal, after the Attorney General for Pakistan Khalid Javed Khan admitted before the court that the notification for the formation of the commission was issued by the interior ministry instead of the Cabinet Division, and the gazette notification was also delayed.

The AGP had conceded that this was a minor irregularity, but in view of the courts’ decisions, it had no effect on the commission. He had maintained that the basic rights of the Pakistan Sugar Mills Association were not affected, “nor was the inquiry commission’s investigation discriminatory”.

“If there has been any irregularity in issuing the notification or in its printing, it will not affect the commission. The essence of any work cannot be affected by technical irregularities,” he further contended.

During the hearing, Justice Farooq had remarked that irregularity, whether small or big, should not be on part of the government.

Yesterday, the Sindh High Court quashed the sugar inquiry commission's report and termed it illegal. A two-member bench of the SHC, headed by Justice KK Agha, gave the verdict stating that the notification pertaining to the formation of the sugar inquiry commission was illegal.

The SHC listed eight reasons for setting aside the report. The bench stated that the sugar commission failed to follow the rules of the business. It further observed that the commission failed to gazette the notification in due time.

However, the SHC did not restrict the authorities, including the National Accountability Bureau (NAB) and Federal Board of Revenue (FBR), from proceeding against sugar mill owners in accordance with law, and without any reference to or reliance on the report.