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

On the 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, an assistant advocate general failed to justify unavailability of the top law officer of the province.

Justice Naqvi showed displeasure over the absence of the AGP and remarked: “It seems that everyone here considers himself chief minister.”

The bench adjourned hearing till Feb 13 and directed the AGP to ensure his appearance.

The ghee producing companies approached the court after the director general of Industries, Prices, Weights and Measures had on Nov 9, 2019, issued a notification under Section 6 of the Price Control and Prevention of Profiteering and Hoarding Act, 1977.

The petitioners through the 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 Articles 9 and 10-A of the Constitution.

They said the government was forcing them to sell their product on a price not more than Rs180 per kilo infringing their fundamental right to life protected under Article 3 of the Constitution.

They said the petitioners had the 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 court had already granted interim stay to the petitioners by suspending the impugned notification.

public interest case: Lahore High Court Chief Justice Mamoon Rashid Sheikh on Friday sought replies from provincial and district governments on petitions questioning substandard material used in construction of roads, footpaths and unavailability of signboards on roads.

The chief justice was hearing public interest petitions filed by the Judicial Activism Panel.

Representing the petitions, Advocate Azhar Siddique argued that roads and footpaths in the provincial capital were in appalling conditions as they did not survive long due to substandard material used by the government’s contractors.

He said rundown roads and footpaths were also a reason behind increase in accidents, which in some of the cases proved to be fatal.

The lawyer further contended that the unavailability of sign boards was a great hurdle for citizens to travel around in the city. Even one could find basic sign boards on national highway and motorways, he added.

Chief Justice Sheikh directed the respondent government departments to submit replies on the matter by next week.

Published in Dawn, February 8th, 2020