The first case was filed in the SHC in 2023, the petition alleged that flour mills were denied subsidized wheat for milling
The Federal Constitutional Court has set aside the Sindh High Court’s judgment in the case of sale of subsidized wheat in favor of the Sindh government. The court observed that policy making is the responsibility of the executive branch.
A three-member bench of the FCC, headed by Chief Justice Aminuddin Khan, heard the Sindh government’s appeal against the Sukkur bench of the Sindh High Court’s (SHC) decision on May 31, 2023.
The original case was filed in the SHC in 2023. The petitions were filed by owners, licensees and partners of various flour mills who claimed that since the inception of the new wheat release policy, officials of the food department of the Sindh government have not issued them a wheat quota, citing subsidized wheat for milling.
The petitioners claimed that they approached the state but were apparently turned down, claiming that the present petitioners or former owners or licensees of these mills had cases against them from the National Accountability Bureau (NAB) and under the wheat policy, no quota could be given to any person who had entered into a plea agreement with the NAB.
However, the SHC ruled that “It is not permissible for individuals or organizations to impose their own punishments outside the legal system as this may constitute vigilantism or other illegal activity”.
“Residual effect of the above discussion is that any excessive punishment imposed through the Wheat Release Policy beyond what has been prescribed by the Act, 1958 in terms of its penal provisions, including those on NAB convictions or plea bargains addressing the circumstances and situation, is held to be foreign to the object of the Act, as well as unconstitutional, 1958, set aside”.
“Thus also to proceed with the suspended approvals and immediately make wheat quotas available to the petitioners if they are otherwise qualified according to the law”.
The FCC judgment reads: “That the High Court of Sindh, Bench at Sukkur has erred in interfering with the lawful powers and authority of the executive in its smooth working within its powers and authority”.
Additional Advocate General Sindh Sibtain Mahmood appeared before the court and argued that the guidelines issued by the SHC were not in accordance with the Constitution of Pakistan. “Only the executive has the authority to formulate policy,” argued Additional Attorney General Manawwar Duggal.
“The executive makes policy and then announces it,” Justice Ali Baqar Najafi observed.
The Sindh government’s appeal was allowed and the SHC verdict was set aside.
