IHC validates report of sugar commission.

ISLAMABAD -- While disposing of petitions filed by the sugar industry, the Islamabad High Court (IHC) on Saturday declared the constitution of an inquiry commission to probe the cartelisation and price hike of sugar lawful and also validated its proceedings and report.

However, the court ruled against empowering Special Assistant to the Prime Minister on Accountability and Interior Mirza Shahzad Akbar to proceed against sugar mills and expected that the federal cabinet would reconsider this in accordance with law.

In a short order issued following Saturday's hearing on the petitions of Pakistan Sugar Mills Association and sugar mill owners, IHC Chief Justice Athar Minallah declared 'the constitution of the commission vide notification, dated 16.03.2020, read with notification, dated 25.03.2020 and pursuant thereto its proceedings and report, dated 21.05.2020 have not been found to be ultra vires the Pakistan Commission of Inquiry Act, 2017 nor in violation of the fundamental rights of the petitioners. The report, dated 21.05.2020 was, therefore, lawfully considered by the federal cabinet in its meeting held on 21.05.2020.'

'The decision of the federal cabinet, dated 21.05.2020, to the extent of delegating its functions and powers to respondent no. 4 i.e. Mr Shahzad Akbar, Special Assistant to the Prime Minister on Accountability and Interior, and approval of 'Action Matrix' is not in consonance with the law laid down by the august Supreme Court,' the IHC observed.

Justice Minallah noted that the federal government was empowered under Section 18(b)(i) of the National Accountability Ordinance, 1999 to send a reference to the National Accountability Bureau (NAB), but such a decision had to be taken in accordance with the aforementioned law expounded by the august Supreme Court.

Rules against empowering PM's aide to proceed against mill owners; expects cabinet to abide by law

Attorney General Khalid Jawed Khan said: 'I would advise the competent authority to submit the proposed action(s) for the consideration of the federal cabinet.'

The court held that the federal cabinet after considering the proposed action(s) shall be at liberty to take such decisions as it may deem appropriate though it expected that the decisions taken would be in conformity with the provisions of the relevant statutes e.g. the National Accountability Ordinance, 1999, the Income Tax Ordinance, 2001, the...