LHC strikes down Punjab food act’s Claus 7

The LHC has struck down the restriction imposed by the Punjab Food Department on the supply of wheat from public stock to new flour mills for grinding, after declaring it as unconstitutional.

The court struck down Clause 7 of a notification dated May 19, 2022, issued by the Food Department secretary under Section 3 of the Punjab Foodstuffs (Control) Act, 1958.

As per a written judgement released on Wednesday, Justice Abid Hussain Chattha passed the orders while allowing petitions filed by Rana Abdul Basit Khan and others challenging the restriction on supply of wheat from public stock to new flour mills for grinding.

The petitioner's counsel argued before the court that the petitioners established flour mills after getting no objection certificates from the departments concerned and authorities had issued Foodgrains Licenses to them under the Foodgrains (Licensing Control) Order, 1957 for the purposes of purchase, grinding, sale or storage of Foodgrains and manufacturing of value added products.

He submitted that the petitioners approached the department for release of wheat from the public stock but their request was denied by citing Clause 7 of the notification.

However, counsel for the food department argued that the newly established mills were not entitled to obtain wheat from the public stock as per the clause.