Bad governance peaked at Centre: System has scuttled in Punjab, says LHC

By Amir Riaz

LAHORE: Lahore High Court Chief Justice Muhammad Qasim Khan on Thursday decided to constitute a commission to investigate petrol shortage that hit the country during the last month following a sharp decrease in prices.

Principal Secretary to Prime Minister, Azam Khan, Attorney General of Pakistan Khalid Javed Khan, Oil and Gas Regulatory Authority (Ogra) Chairperson Uzma Adil and other federal and provincial officials were present in the court as the chief justice resumed the hearing.

At the outset of the hearing, Chief Justice Khan asked the AGP whether he discussed the suggestion about a commission on the matter with the National Assembly speaker as desired by the court on last hearing. The attorney general said he personally met the NA speaker and conveyed him the court’s suggestion. He said the speaker resolved to present the suggestion before the prime minister and the leader of the opposition. The chief justice reminded the attorney general that the court had asked him to come up with a clear policy of the government. The CJ also called the prime minister’s principal secretary to the rostrum and observed that the reply submitted by him was nothing more than gimmickry of words. “The principal secretary to the PM is a powerful man as he runs both the government and the establishment. And he does not appear before court even on repeated directions,” the chief justice said in his remarks.

The CJ observed that apparently the oil “mafia” created shortage of petrol for monetary gains and the government’s decision to increase petrol prices before the scheduled time appeared to have been made to benefit the oil marketing companies. “It was sheer bad governance,” lamented the judge adding that the crisis could not be controlled unless people responsible for it were taken to task.

The AGP suggested the court to constitute a commission to hold an investigation into the crisis, which the chief justice admitted and asked him to present names for it. The chief justice observed that the court would nominate members to the commission if the nominees of the attorney general were not found suitable.

The chief justice warned the government officials of strict action if anyone found involved in concealing or tampering with the official record. The CJ observed, “Prima facie all the authorities concerned are suspects in the petrol crisis.” He warned the Ogra chairperson not to try to protect the real culprits.

The chief justice adjourned hearing until 16th July and directed the attorney general to present names for the members of the commission. He also directed Advocate Awais Khalid, amicus curie, to assist the court on terms of references of the commission.

Meanwhile, in another case, the LHC chief justice suspended the Punjab government’s June 17 notification which conferred judicial powers upon commissioners and deputy commissioners.

Barrister Moman Malik appeared on behalf of the petitioner, Tanvir Abdullah, and stated that under the Constitution and prevalent law, the executive and the judiciary are separate entities and they couldn't interfere in each other’s affairs. However, the Punjab government on June 17 granted powers of magistrate (first class) to commissioners and deputy commissioners in violation of the law.

During the hearing, the chief justice expressed resentment over the performance of the Punjab government and said the provincial administration has ruined the system. He warned of serving contempt notices on the authorities who issued the notification.

The petitioner's counsel pointed out that the impugned notification was ultra vires of Article 2 & 9 of the Constitution as well as Section 14-A of the Code of Criminal procedure, 1898. He said as per judgements of the superior courts, the executive can't exercise judicial powers.

After hearing preliminary arguments, the chief justice stayed the impugned notification and sought a reply from the Punjab government. The CJ warned that Punjab Chief Minister Usman Buzdar will be sent a contempt notice if the impugned notification is set aside in the final judgment.

Under the government notification, the powers of special magistrate (first class) were granted to all commissioners, deputy commissioners and additional deputy commissioners (general), etc under Section 14-A of the Code of Criminal Procedure 1898 for carrying out raids, trials of offences and other ancillary matters relating to price control/hoarding prevention, forests, mines and minerals, food adulteration, food safety, encroachments on public lands and lands owned by the governments, canal and drainage, dangerous driving, etc.