SHC staff moves high court over judicial allowance

Employees of the Sindh High Court (SHC) filed a petition in the high court on Friday seeking directives to the Sindh government to notify the then-chief justice’s orders regarding resumption of special judicial allowance for all cadres of high court officers and staff, as well as subordinate courts, with effect from July 1, 2016.

The petitioners, Mohammad Nusrat Ali and others, submitted that the registrar of the SHC had, on December 7, 2016, sent a letter to the law department for notifying the directives of the SHC’s then-CJ regarding de-freezing of special judicial allowance with effect from July 1, 2016.

They submitted that the acting law secretary, on January 20, 2017, moved a summary to the chief minister through the finance secretary. He had sought a legal opinion from the Sindh advocate general and, despite the AG’s opinion, no notification had been issued by the provincial government till the filing of this petition.

The petitioners submitted that such due to such delays on the part of the Sindh government, including the chief secretary and finance secretary, it appeared that they were not notifying the directions of the then-SHC CJ, who was the fully competent authority in view of Rule 15 and 17 of Sindh High Court Establishment (Appointment and Conditions of Service) Rules, 2006.

They submitted that the act of omission, obstruction or even delay in the implementation of the letter issued by the SHC amounts to interference with the affairs of the judiciary and may be deemed as a willful and deliberate contempt of the high court and the Supreme Court.

Citing the SHC registrar, chief minister through chief secretary, finance secretary and law secretary as respondents, the court was requested to direct the government to notify the directives of the then-SHC CJ without any delay.

Sugar mills contempt plea

The SHC issued notices for January 10 to the chairman of the Pakistan Sugar Mills Association, Sindh region, and other respondents on a contempt application filed by sugar cane growers against the association for closing down sugar mills in violation of high court’s order.

Sugar cane growers had filed a contempt of court application in the SHC on January 4, submitting the high court, in its interim arrangements, had directed all sugar mills to pay Rs172 per 40 kilograms to growers for the entirety of the present crushing season. It had also ordered that security of the differential amount should be submitted to the court’s nazir.

The growers submitted that the court had also directed mill owners to file a statement, along with an affidavit, confirming that mills were paying Rs172 per 40 kg to growers and would continue to do so for the entirety of the present crushing season till otherwise permitted by the court.

The growers said that despite the court’s order sugar mills of Sindh region have suspended sugar cane crushing for an indefinite period and were not issuing permits to growers at Rs172 per 40 kg. They contended that these acts of the alleged contemnors were wilful and a blatant failure in implementation of the court’s orders.

They submitted that the sugar mills association had not only closed down the mills but had also published advertisements for the closure, an act that was also in violation of court orders. They requested the court to punish and order the detention of the chief executives and/or directors of the sugar mills and order attachment of their properties for wilful disobedience of court orders.