The Federal Constitutional Court has set aside the judgment of the Sindh High Court in the subsidized wheat sale case, in favor of the Sindh Government. The court observed that policy formulation is the responsibility of the executive.
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 (SHC) on May 31, 2023.
A case was filed before the SHC in 2023. The petitions were filed by owners, licensees and partners of various flour mills who alleged that since the inception of the new Wheat Liberation Policy, officials of the Food Department of the Government of Sindh were not issuing them wheat quota, referring to subsidized wheat for milling.
The petitioners maintained that they approached the state but were rejected, alleging that the current petitioners or the previous owners or licensees of these mills had National Accountability Bureau (NAB) cases against them and as per the Wheat Policy, no quota could be given to any person who had entered into an agreement with the NAB.
SHC ruled that “individuals or organizations are not permitted to impose their own punishments outside the legal system, as this may constitute vigilantism or other illegal activity.”
“The residual effect of the above discussion is that any excessive sanctions imposed through the Wheat Release Policy above and beyond what is prescribed by the 1958 Act in terms of its penal provisions, including those on NAB convictions or plea agreements that address the circumstances and situation, are deemed to be foreign to the purpose of the 1958 Act, as well as extrajudicial, therefore unconstitutional in our view, and are therefore set aside.”
“Therefore, also proceed with the suspended authorizations and make the wheat quotas available to the petitioners immediately if they are otherwise qualified under the Act.”
The FCC judgment reads: “That the Sindh High Court, at Sukkur, has erred in interfering with the legitimate powers and authority of the executive in its proper functioning within its powers and authority.”
Sindh Additional Advocate General Sibtain Mahmood appeared before the court, arguing that the guidelines issued by the SHC were not in accordance with the Constitution of Pakistan. “Only the executive has the authority to formulate policies,” argued Additional Solicitor General Manawwar Duggal.
“The executive formulates the policy and then announces it,” Justice Ali Baqar Najafi observed.
The Sindh government’s appeal was accepted and the SHC judgment was set aside.
