KARACHI, April 17: The Sindh High Court asked the petitioner milkmen’s association on Thursday to explain whether it was empowered by its charter to indulge in litigation and adjourned further hearing of its petition against fixation and enforcement of prices by the city district government to April 23.

Advocate M. Naimur Rahman, counsel for All Karachi Milk Retailers Welfare Association, submitted that the association had been set up to promote the welfare of milk retailers and it was fully competent to litigate their grievances. Besides, the association passed a resolution before moving a writ petition in the high court to challenge the city government’s actions. In any case, the respondent city government has not objected to the petition on this ground, he contended.

Justices Azizullah M. Memon and Arshad Noor Khan, who constitute the bench seized of the petition, however, pointed out that the memorandum and articles of the association annexed to the petition did not authorize it to pursue their demands or claims by litigious challenges.

CDGK counsel Manzoor Ahmed submitted that the association’s lack of competence was among the preliminary objections raised by him against the maintainability of the petition. However, the court decided to proceed with hearing of the petition on merits without resolving the issue of the petitioner’s competence. He said he would address further arguments on the matter.

Concluding his arguments earlier, Advocate Rahman said the Price Control and Prevention of Profiteering and Hoarding Act, 1977, under which the city government was proceeding, has since been superseded by the Sindh Essential Commodities (Price Control and Prevention of Profiteering and Hoarding) Act, 2006. Under the 2006 law, only the provincial government could fix prices of essential commodities.

Besides, the city government could fix prices only after consulting all the stakeholders. The city government was utilizing the provisions of both the laws to enforce its writ. It was fixing prices under the 1977 law and inflicting penalties under the 2006 legislation, which provided for harsher punishments.

CDGK counsel Manzoor Ahmed said the 1977 federal enactment was a valid, subsisting law. If there were federal and provincial laws on the same subject, the federal legislation would prevail in case of conflict. There were some discrepancies but there was no conflict between the two enactments as both are aimed at control of prices and prevention of hoarding and profiteering. The laws were intended to ensure supply of essential commodities at reasonable rates and protect the public from unscrupulous traders and market manipulators.

Bail granted

Chief Justice Mohammad Afzal Soomro, meanwhile, granted bail to accused Qaiser Hafeez in a narcotics case. According to the prosecution, 301 kilograms of heroin was recovered from his residence at Malir. Accused Boran Bay, a Nigerian national, who was allegedly caught carrying 8.4 kilograms of heroin in a bag in the Sindhi Muslim Society, was also enlarged on bail. He was arrested on a tip-off.

Among other accused admitted to bail are Khurshid Khan and Faqir Husain, who were intercepted near Sohrab Goth and 65 kilograms of charas was seized from their car. Qadir Khan and Amjad Islam Bangash were arrested in Hasan Square and Taj Complex and charas was recovered from their possession. They are all facing trial before special courts under the Control of Narcotic Substances Act.

Ex-MPA’s plea

An appeal moved by former Sindh Assembly member Ishwari Lal against the acquittal of MPAs Nisar Ahmed Khuhro and Murad Ali Shah in an assault case was adjourned on Thursday. The appellant alleges that he was beaten up by five or six PPP MPAs at the instance of their colleague, Shazia Marri. While co-accused Dr Salim Hingoro and Nawaz Chandio had not been released on bail, Mr Khuhro and Mr Shah had been freed on bail and had also been acquitted by the trial sessions court of District South. He requests the high court to set aside the acquittal order and direct the sessions court to record evidence and hold their trial.A number of petitions filed against the election of PML (Q) candidates from the Tharparkar national and provincial assembly seats, including former chief minister Dr Arbab Ghulam Rahim, could also not be heard due to the paucity of time.