Case Details

Citation(s)
2009 SLG 121 2009 SLD 121 2009 PLD 363
Supreme Court of Pakistan
Constitutional Petitions Nos. 33, 34 of 2005, decision dated: 30-03-2009
IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF, JUSTICE MIAN SHAKIRULLAH, JAN, JUSTICE RAJA FAYYAZ AHMAD, JUSTICE
Muhammad Ikram Chaudhry, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Khalid Anwar, Senior Advocate Supreme Court for Oil Companies. Kh. Saeed-ul-Zafar, Advocate Supreme Court (On behalf of OGRA). Ali Sibtain Fazli

ENGINEER ZAFAR IQBAL JHAGRA AND ANOTHER

VS

FEDERATION OF PAKISTAN AND OTHERS

Law: Petroleum Products (Petroleum Development Levy) Ordinance (XXV of 1961)

Section: 8

Petroleum Products (Development Surcharge) Ordinance (XXV of 1961)--S. 8 [as inserted by Petroleum Products (Petroleum Development Levy) (Amendment) Ordinance (XXVI of 2001)]---Constitution of Pakistan (1973), Art.184(3)---Constitutional petition before Supreme Court---Controversy regarding procedure adopted for fixation of prices of oil and gas---Supreme Court, after hearing the petitioners and consultation with counsel of respective respondents suggested that in order to resolve the controversy in a befitting manner an exercise had to be undertaken starting from the date Oil Companies Advisory Committee was authorized to fix prices of oil and gas i.e. from 29-6-2001 to 1-4-2006 when its authority was given to Oil and Gas Regulatory Authority, it would be appropriate to appoint a Judicial Commission headed by a Retired Judge of the Supreme Court, who after consulting all stake-holders including the consumers shall submit a comprehensive report in respect of the points referred to it and any other point which comes in its notice---Counsel for respondents agreed for the appointment of Commission to do the needful---Supreme Court formulated questions required to be considered and answered by the Commission and issued directions with regard to other details of functioning and maintenance of the establishment of the Commission. ORDER We have heard learned counsel for the petitioner in Constitutional petition No.33 of 2005. He has put forward his view points elaborately. After hearing him, we consulted Mr. Khalid Anwar, Senior Advocate Supreme Court and other learned advocates appearing for respective respondents and suggested that in order to resolve the controversy in a befitting manner an exercise has to be undertaken starting from the date when OCAC was authorized to fix prices of oil and gas i.e. from 29th June, 2001 to 1st April, 2006 when its authority was given to OGRA, it would be appropriate to appoint a Judicial Commission headed by a Retired Judge of this Court, who after consulting all stake-holders including the consumers shall submit a comprehensive report in respect of the points referred to it and any other point which comes in its notice. They…
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