ISLAMABAD: The Islamabad High Court (IHC) on Saturday vacated the stay order on sugar inquiry report and allowed the government to take action against those found involved in the scam.
IHC Chief Justice Athar Minallah, in a short order issued after Attorney General Khalid Jawed Khan concluded his arguments, disposed of the petition and ruled that the formation of inquiry panel was legal.
The order said that 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, it added.
The order stated that the functions and powers vested in the federal government cannot be delegated. “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. Shehzad 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 ruling stated.
The IHC further ruled that the government is fully empowered to send a reference under section 18(b)(i) of the National Accountability Ordinance, 1999, to the National Accountability Bureau (NAB). The court hoped that the officials dealing with the matter will ensure a fair trial in this regard.
The IHC CJ on June 11 last barred the authorities from proceeding in this regard and issued directives for the commodity to be sold at the rate of Rs70/kg for the next 10 days.
Earlier, Pakistan Sugar Mills Association and mills’ owners had challenged the formation of the probe commission and its findings in the court.
The commission, in its report, had accused the millers of earning illegal profits amounting to billions of rupees through unjustified price hikes, benami transactions, tax evasion, suspicious sugar export deals, illegal power production, misuse of subsidy and purchasing sugarcane off the books.
Pakistan Sugar Mills Association and 17 other mill owners had challenged the report by the Sugar Inquiry Commission in the IHC on June 11, alleging that legal formalities were not fulfilled during the investigations conducted by the commission.
The federal government, Special Assistant to the Prime Minister on Accountability Mirza Shahzad Akbar, interior ministry, Federal Investigation Agency (FIA), FIA chief Wajid Zia and other departments were made respondents in the petition.
The petitioners called for the sugar inquiry report released on May 21 to be declared void and the actions ordered by the prime minister in this regard, to be suspended.
