| Citation(s) |
|---|
| 2010 SLG 1458 2010 SLD 1458 2010 YLR 360 |
Writ Petitions Nos. 16096 and 15744 (suo motu) of 2009, decision Dated: 03-09-2009. Date of haring: 19th, 26th August and 3rd September, 2009.
IJAZ AHMAD CHAUDHRY, JUSTICE
Petitioner(s) by: Shafquat Mahmood Chohan
Respondent(s) by: Muhammad Nasim Kashmiri, Muhammad Ashraf, Abdul Razzaq Raja, Dy. A.-Gs., Ch. Muhammad Hanif Khatana, Acting A.G., Muhammad Irfan, Food Secretary, Tanveer Ahmad Hashmi for T.C.P., Shahid Karim for Sugar Mills Association and Khalid Mahmood, Chief Secretary
ABDUL QADDUS MUGHAL
VS
FEDERAL GOVERNMENT THROUGH SECRETARY FINANCE, ISLAMABAD AND 6 OTHERS
Law:
Section: 4,199
(a) Public Administration--- ----Duty of State to look after the minimum food needs of its people at all time. (b) Constitution of Pakistan (1973)--- ----Art.199---Suo motu exercise of constitutional jurisdiction by High Court---Principles stated. It is within the domain of High Court to issue direction to a person performing, within the territorial jurisdiction of the court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required bylaw to do. (c) Constitution of Pakistan (1973)--- ----Art.4---Fundamental right of sugarcane growers to make Gurh and Shakkar from sugarcane instead of selling same to Sugar Mills---Principles. More than half of our population is residing in rural areas, who has been using Gurh and Shakkar for sweetening their dishes since long. Till now they may adopt the ancient way of use of sugarcanes and meet the need of sugar in their homes. If a grower of sugarcane does not want to sell his sugarcanes to the mills, he has fundamental right to extract sugar from it by ancient way and may get more return of his cultivation. (d) Punjab Sugar Licensing (Control) Order, 1972--- ----Preamble----Decrease in Sugar price---Sugar is not the commodity, the use of which cannot be decreased or part with by the people and by doing same, the people can defeat the desire of the stockts to increase the prices of sugar, as when there will be on more demand of sugar, they would be bound to sell sugar at low prices within the reach of the common people. THIS JUDGMENT DELIVERED BY: IJAZ AHMAD CHAUDHRY, J.--- In pursuance of head-line in daily Jang, Lahore dated 13-8-2009 to the effect that billions of rupees had been earned by the market players due to escalation in sugar price with the active connivance of the political dignitaries suo motu proceedings as follows:--- "There is a head-line news item appeasing in daily Jang Lahore, dated 13-8-2009, to the' effect that billions of rupees have been earned by the market players due to escalation in sugar price with the active connivance of the political dignitaries whereby the price…
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