AGP’s absence in ghee price case annoys LHC

LAHORE: The Lahore High Court on Friday expressed displeasure over the absence of Advocate General of Punjab (AGP) Ahmad Jamal Sukhera in proceedings on a set of petitions by vegetable/vanaspati ghee manufacturers challenging the government powers to fix price.

On previous hearing, a full bench headed by Justice Syed Mazahar Ali Akbar Naqvi had issued notices to the attorney general of Pakistan and the AGP for their assistance on behalf of the federal and provincial governments.

As the bench resumed hearing on Friday, an additional attorney general appeared on behalf of the federal government and also filed a reply to the petitions. However, the bench did not find the reply satisfactory and asked the law officer to file a comprehensive reply as important questions of law were involved in the case.

When asked about the absence of AGP Sukhera, the assistant advocate general failed to justify the absence of the top law officer of the province.

Expressing displeasure over the absence of the AGP, Justice Naqvi remarked, “it seems that everyone here considers himself a chief minister.” The bench adjourned hearing until February 13 and directed the AGP to ensure his appearance.

The ghee producing companies had approached the court after director-general of Industries, Prices, Weights & Measures had on November 9, 2019 issued a notification under section 6 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977. The petitioners through 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. They said the government was forcing them to sell their product at a price not more than Rs180 per kg infringing their fundamental right to life protected under Article 3 of the Constitution. The court had already granted the interim stay to the petitioners by suspending the impugned notification.