ISLAMABAD: The Supreme Court asked law officers of the federal and provincial governments on Tuesday to help determine the constitutional consequences in case the provincial government failed to provide essential food items to the most vulnerable segments of society, in violation of citizens’ fundamental rights.

“The law officers present shall assist the court on the question as to the order which can be passed in this case and the constitutional consequences of the failure of the five executive governments, if the constitutional requirement cannot be met,” observed Justice Jawwad S. Khawaja after hearing a case on the provision of essential items such as wheat flour, to the masses.

He was hearing an application filed by Jamaat-i-Islami Secretary General Liaquat Baloch, on the plight of hapless citizens who are being forced to buy flour at exorbitant prices despite the fact that Pakistan is proclaimed to be ‘an agricultural country’.

Liaquat Baloch moved the application last year, after receiving a letter from Chakwal resident Malik Mohammad Nazeer. In the letter, Nazeer complained that a kilogramme of wheat flour was currently sold in the open market for Rs42/kg, as opposed to Rs13/kg just five years ago.

At the last hearing, the Supreme Court had asked the federal and provincial governments for data to prove that it was doing enough to ensure its citizens could survive on the minimum wage and had access to essential food items, as envisioned in Articles 9 and 14 of the Constitution.

On Tuesday, the court regretted that it had been hearing the case since October last year, but despite the passage of six months, it had still gotten nowhere. These efforts are aimed at ensuring that the federal and provincial governments take adequate measures to ensure that basic food items are available to the people, the court observed.

At the last hearing, the court had ordered that four committees, one each for all provinces, be constituted to carry out spot checks to ascertain the price and availability of flour. On Tuesday, the court observed that reports from these committees were tentative and, in Balochistan the committee did not have access to most areas.

“But we have come to the conclusion that the provinces’ submission, that wheat flour was available throughout the country at affordable prices, might not be correct,” the court observed.

“It is for the executive to ensure that fundamental rights (are protected) and relevant constitutional provisions, such as Articles 9, 14 and 38 of the Constitution are complied with,” the court stressed.

“We want to know whether it will go on like this without any end,” Justice Khawaja asked, adding that the constitution imposed certain responsibilities on the governments.

During Tuesday’s hearing, food secretary Seerat Asghar admitted that although the sufficient production of essential food items in the country was at par with requirements, the food storage and distribution systems were inadequate. As a result, the most vulnerable segments of society were not receiving sustainable nutrition.

The secretary stressed the need for targeted subsidies on food items. Acknowledging the issue, the court asked that it be shown that adequate steps had been taken to resolve the problem and to ensure the delivery of essential food items to the poorest segments of society at affordable prices.