SHC issues restraining orders on OMCs' plea.

Byline: Ishaq Tanoli

KARACHI -- The Sindh High Court on Tuesday restrained a committee, formed by the ministry of energy to ascertain elements involved in hoarding and black marketing of petroleum products, from taking any coercive action against two oil marketing companies till June 25.

A single-judge bench headed by Justice Junaid Ghaffar also directed the secretary of the ministry of energy, the Oil and Gas Regulatory Authority, Federal Investigation Agency and assistant commissioner of Karachi (West) to file counter-affidavits before the next hearing on two suits filed by as many OMCs challenging the notification.

The bench observed that a federal law officer remained unable to inform it that under what provisions of law this notification had been issued.

At the outset of the hearing, the lawyers for the plaintiffs filed statements along with copies of various documents, including copies of FIR and order of a two-judge bench of the SHC on a constitutional petition.

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On the other hand, assistant attorney general Nadeem Ahmed sought time to file response on behalf of three defendants while an assistant mukhtiarkar was in attendance on behalf of AC and submitted that the defendant was infected with Covid-19 and sought time.

The bench directed the AC to engage a counsel or seek assistance from the advocate general office at the next hearing.

The lawyers for plaintiffs Arshad Tayebaly and Haider Waheed made brief submissions and asked the court to pass ad-interim orders for the committee from taking any coercive action till further hearing.

They contended that they had already filed a petition in the SHC over filing of an FIR against the plaintiffs and its quashment and ad-interim orders had been passed by a division bench, adding that after issuing a show-cause notice, Ogra had imposed penalty which was subject to a statutory appeal under the Ogra Ordinance, 2002 and to that extent they were not aggrieved as to instant suits.

However, the lawyers further submitted that the notification, issued by the ministry of energy on June 8, impugned in these proceedings. According to the notification, a committee has been formed to probe the allegations of hoarding and black marketing of petroleum products, which the lawyers argued was without any lawful authority.

The bench in its order said that the assistant attorney...