FCC rules in favour of Sindh govt in wheat release policy dispute

FCC overrules SHC judgment in subsidised wheat sale case, filed in 2023

The Federal Constitutional Court has overruled the Sindh High Court’s judgment in the sale of subsidised wheat case, in favour of the Sindh Government. The court observed that policymaking is the responsibility of the executive.

A three-member bench of the FCC, headed by Chief Justice Aminuddin Khan, heard the Sindh government’s appeal against the Sukkur Bench of the Sindh High Court’s (SHC) May 31, 2023, decision.

A case was filed in the SHC in 2023. The petitions were filed by owners, licensees, and partners of various flour mills who alleged that since the inception of the new Wheat Release Policy, officers of the Food Department of the Sindh Government were not issuing them a Wheat Quota, referring to subsidised wheat for milling.

The petitioners maintained that they approached the state, but were refused, alleging that the present petitioners or past owners or licensees of these mills had National Accountability Bureau (NAB) cases against them, and as per the Wheat Policy, no quota could be given to any person who had made a plea bargain with NAB.

SHC ruled that “It is not permissible for individuals or organisations to impose their own punishments outside of the legal system as this can constitute vigilantism or other illegal activity”.

“The residual effect of the above discussion is that any excessive penalty imposed through the Wheat Release Policy over and above what has been prescribed by the Act, 1958 in terms of its penal provisions, including those about NAB convictions or plea bargains addressing to the circumstances and the situation are held to be alien to the object of the Act, 1958 as well as extra-judicial, thus unconstitutional in our view, hence set aside”.

“Thus, also to proceed with the halted clearances and make Wheat Quotas available to the petitioners forthwith if they are otherwise qualified under the Act”.

The FCC judgment reads, “That the High Court of Sindh, Bench at Sukkur has erred by interfering in the lawful powers and authority of the executive in its smooth working within its powers and authority”.

Sindh Additional Advocate General Sibtain Mahmood appeared before the court, arguing that the guidelines issued by the SHC were not in accordance with the Constitution of Pakistan. “Only the executive has the authority to formulate policy,” argued Additional Attorney General Manawwar Duggal.

“The executive frames policy and then announces it,” observed Justice Ali Baqar Najafi.

The Sindh government’s appeal was allowed and the SHC judgment was set aside.