SHC seeks report from commissioner on action against profiteering

The Sindh High Court has directed the Karachi commissioner to submit a report with regard to action being taken against unscrupulous persons who were violating the official price list and selling different commodities at higher prices to the public at large in the holy month of Ramazan.

Issuing an order on a petition against increases in the prices of essential commodities contrary to the government fixed prices, a division bench headed by Chief Justice Aqeel Ahmed Abbasi took exception to non-compliance with the court orders by the district administration.

It observed that the city commissioner was directed to ensure that in case of any violation of the price list issued by the commissioner in respect of various essential commodities/food items, appropriate action be taken against such persons in accordance with the law.

The court observed that despite the court order neither comments have been filed by the commissioner or deputy commissioners of the Karachi districts nor any compliance report has been furnished.

It directed the commissioner to appear in person along with a compliance report with regard to the Karachi division and different districts of the city on action if any taken against such unscrupulous persons who were violating the official price list and selling different commodities/food items at higher prices to the public at large during the holy month of Ramazan.

The court has also taken on record the reports filed by the bureau of supply and price, which stated that the Sindh government had appointed district controllers of price and supplies. Petitioner Shamir submitted that essential commodities, including fruits and vegetables, were being sold in the market at much higher prices in violation of the official price list.

The petitioner’s counsel Abdul Latif Leghari submitted that the prices of essential commodities were not being checked and the district administration had failed to enforce sale of essential commodities as per its official price list. The court was requested to direct the commissioner to check the prices of such commodities and take necessary legal action.

The court had earlier directed the official respondents to ensure that in case of any violation of the price list issued by the commissioner in respect of various commodities, appropriate action be taken against such persons in accordance with law and a compliance report be furnished on the next date of hearing.

Overloaded vehicles

The Sindh High Court has ordered that vehicles plying over and above the permitted load, be they trucks, busses, trailers or dumpers, should not be permitted to ply on highways and city roads.

Issuing order on a petition filed by the All Dumper Trucks Transport Owners Association against restrictions on their movement and challans, a high court division bench comprising Justice Zulfiqar Ahmed Khan and Justice Abdul Mobeen Lakho observed that it has transpired that the petitioners has not approached the court with clean hands.

The court observed that it is an admitted fact that the petitioners load their vehicles/dumpers above the permitted load and ply these vehicles on the highways as well as on city roads, an act which not only becomes dangerous to themselves but also to the roads and other vehicles.

The court observed that the petitioners in fact have challenged the impugned notification empowering the competent authority to levy penalty contrary to the legal regime. It said that the Motor Vehicle Ordinance 1965 it bars the driving of motor vehicles or trailers which exceed the unladen weight specified in the certificate of registration of vehicle.

The court observed that research shows that only in Punjab and Islamabad Capital Territory, twelfth schedule to the MVO has made a provisions for payment of fines for overloading vehicles under Section 122 and 16-A of the Ordinance.

It said that fact remains that no such possibility is envisaged under Section 76(3) of the MVO which gives the court reason to believe that overloaded vehicles should not be permitted to be driven on the roads at all and be impounded.

The court observed that the petitioners’ counsel failed to satisfy the court as to why the petitioners overloaded vehicles on highways and city roads, which itself a serious illegality. It directed the traffic police and National Highway authorities to submit reports without fail on such illegal acts and vehicles impounded.