Govt powers to fix price: LHC seeks assistance on pleas by ghee makers

LAHORE:A Lahore High Court full bench on Friday sought assistance from the attorney general of Pakistan and advocate general Punjab on several petitions moved by vegetable/vanaspati ghee manufacturers challenging powers of the federal government to fix the price and the vires of Price Control and Prevention of Profiteering and Hoarding Act, 1977.

Three-judge bench headed by Justice Sayyed Mazahar Ali Akbar Naqvi also extended the stay order against the notification regarding fixing prices till January 31. Justice Sajid Mehmood Sethi and Justice Jawad Hassan were other members of the bench.

The petitioner mills have assailed in LHC a notification issued by director general of Industries, Prices, Weights & Measures on November 9, 2019 under Section 6 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977.

The petitions were pending adjudication before two different judges as one restrained the government from taking coercive measures against the ghee manufacturing companies while the other suspended the notification. However, a single bench comprising Justice Sayyed Mazahar Ali Akbar Naqvi had observed that the legal points involved in the petitions needed to be addressed and referred them to chief justice to form a larger bench.

The mills through their counsel argued that the impugned Act was ultra vires the constitution as it was enacted by the parliament without legislative competence. They said the Act also violated Article 9 and 10-A of the constitution.

The petitioners said the government was forcing them to sell their product on a price not more than Rs180 per kg, infringing their fundamental right to life protected under Article 3 of the constitution.

They said they had a right to do lawful trade and they fixed price of the product due to the free market economy with open competition.

The petitioners argued that the impugned notification was based on ulterior motives and devoid of any justifiable reasons as the provincial government had no authority to fix price of the product. The LHC will resume the hearing on January 31.