| Citation(s) |
|---|
| 2025 SLG 812 2025 SLD 812 = 2025 CLD 90 |
Lahore High Court, Rawalpindi Bench, Rawalpindi
Writ Petitions Nos.498 of 2022 and 1633 of 2024, heard on 9th September, 2024.
Before Jawad Hassan, J
Sardar Taimoor Aslam Khan, Advocate Supreme Court with Uzair Shafie, Barrister Jahanzeb Awan and Arshad Mahmood, Muhammad Imran Malik, Advocate Supreme Court with Aakif Majeed Butt, Hassan Ismail and Asim Tufail Farooqi for the Petitioner (in connected W.P. No. 1633 of 2024). Sajid Ilyas Bhatti, Additional Attorney General with Arshad Mahmood Malik, Assistant Attorney General, Barrister Asadullah Chattha and Barrister Ambreen Abbasi for
Respondents/ Competition Commission of Pakistan with Hafiz Nasim, Senior Legal Advisor along with Musa Hayat Tarar, Adeel Peter and Hassan Raza, Legal Advisor for Competition Commission of Pakistan.
Writ Petitions Nos.498 of 2022 and 1633 of 2024, heard on 9th September, 2024.
Before Jawad Hassan, J
Sardar Taimoor Aslam Khan, Advocate Supreme Court with Uzair Shafie, Barrister Jahanzeb Awan and Arshad Mahmood, Muhammad Imran Malik, Advocate Supreme Court with Aakif Majeed Butt, Hassan Ismail and Asim Tufail Farooqi for the Petitioner (in connected W.P. No. 1633 of 2024). Sajid Ilyas Bhatti, Additional Attorney General with Arshad Mahmood Malik, Assistant Attorney General, Barrister Asadullah Chattha and Barrister Ambreen Abbasi for
Respondents/ Competition Commission of Pakistan with Hafiz Nasim, Senior Legal Advisor along with Musa Hayat Tarar, Adeel Peter and Hassan Raza, Legal Advisor for Competition Commission of Pakistan.
Messrs SADIQ POULTRY (PRIVATE) LIMITED---Petitioner
VERSUS
FEDERATION OF PAKISTAN and others---Respondents
Law: Competition Act, 2010
Section: XIX,28,30,37
Law: Punjab Environmental Protection Act, 1997
Section: 16
Law: Constitution of Pakistan, 1973
Section: 199
(a) Competition Act (XIX of 2010)-------Ss. 30 & 37---Punjab Environmental Protection Act (XXXIV of 1997), S. 16--Issuance of Show Cause Notice---Competition Commission of Pakistan---Powers and functions---Petitioners (engaged in running businesses) invoked constitutional jurisdiction of the High Court assailing Show Cause Notices ("impugned notices") issued by the Competition Commission of Pakistan (CCP) to protect the regime of antitrust law---Section 30 (1) and (2) of Competition Act, 2010 ('the Act 2010'), is peri metria to S.16 of the Punjab Environmental Protection Act, 1997 wherein the Authority, Commission or Agency has to be satisfied of contravention of provision of the Punjab Environmental Protection Act, 1997, before making any proceedings in the case but such satisfaction cannot be done unless section 30(2) of the Act 2010 is invoked and thus it has to be read first as the Competition Commission of Pakistan (CCP) has to give notice of intention to make order and to give the undertaking an opportunity to be heard in detail---Section 30(2) of the Act 2010 then comes into play with the notice issued by the CCP with its intention to make orders stating reasons to the undertaking of contravention with some material which the CCP based it on; it then has to sit with the respondents and clarify whether there is any contravention of the provision of the Act 2010 and such notice issued under this section has to be read with S. 37(4) of the Act 2010 as per enquiry initiated under S. 37 of the Act 2010, which had already been done by the CCP in the present case---Language of S. 30(2) of the Act 2010 is very clear which states that the CCP first shall serve notice of its intention stating reasons to the undertaking and by giving an opportunity of being heard with supportive material whereas as per proviso to S. 30(2), the CCP can decide the case ex-parte in case the undertaking does not avail the opportunity of being heard---High Court directed the petitioners to file their replies by agitating all points raised in these petitions before the CCP who shall proceed ahead with an objective approach to the matter strictly as per law---Constitutional petitions…