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A 3-member bench of SC headed by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry and comprising justice Ghulam Rabbani and justice Jawad S Khawaja resumed the hearing of the case Thursday.
Farooq Amjid Mir advocate while giving the arguments on behalf of SDA took the plea sugar dealers had purchased sugar at the rate of Rs 40 per kilogram from the owners of sugar mills adding it was impossible to sell out the sugar at this or less than this price.
CJP inquired Farooq Mir if SDA was a registered body. Farooq Mir told it was not registered body. However we make deals with sugar mills owners in our personal capacity and sell out it to the retailers.
CJP asked him to present the documents in the court about the rate at which sugar purchase agreements were made by him with the mill owners.
Farooq Mir told per kilogram price of sugar was not written in such deals and only cheques covering total cost of sugar were presented.
CJP observed, that whatever stock of sugar was held by the dealers, would have to be brought in the market and sold out at the retail price of Rs 40 per kilogram. The petition filed by SDA was not maintainable, therefore, it should be withdrawn otherwise it would be dismissed with heavy fine, CJP further observed, adding that ” the motive behind filing this petition was nothing else than opposing the verdict of Lahore High Court. Your association was also not registered therefore you have no locus standi to file the petition”.
Shahid Karim on behalf of Punjab Sugar Mills Association during his arguments said the Association has been registered under Trade Bodies Ordinance 2006-07.
Chief Justice asked from Shahid Karim how many mills are registered with the Competitive Commission, he said 46 mills of Punjab, 7 of NWFP and 31 of Sindh are registered with the Commission.
CJ said sugar is a local product and its prices should not be compared with the international price, which is incorrect.
On the occasion, advocate Shahid Karim presented the resolution, in which the sugar mills had unanimously decided to move the Supreme Court but the court termed the resolution fake.
Expressing displeasure over presenting fake resolution in the court, the CJ said ” how did you dare to mislead the court by presenting wrong documents, well knowing what harm does it inflict on you”.
On this occasion, sugar mills association chairman Sikandar Khan said he does not know about the originality of the documents, however he was outside the country during the signing of the documents and acting chairman Javed Kiyani signed it.
After that the court summoned Javed Kiyani to appear before the court and adjourned the hearing till Friday (today).
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A three-member bench –headed by Chief Justice Iftikhar Muhammad Chaudhry – was hearing petitions challenging the Lahore High Court (LHC) verdict that set sugar prices at Rs 40 a kilogramme.
The court suggested that Competition Commission of Pakistan Chairman Khalid Mirza form the commission to set sugar prices. “We will be supervising the commission,” said the chief justice.
“You will have to sell sugar at Rs 40 per kilogramme until the submission of the report by the proposed commission,” said the chief justice. The court also took serious notice of the position taken by the federal and provincial governments on sugar prices. The court admonished the Pakistan Sugar Mills Association (PSMA) for tabling forged documents in court about an association meeting on the sugar crisis. A notice was served on the acting PSMA president for an explanation on the forged documents.
link: http://www.dailytimes.com.pk/default.asp?page=2009%5C10%5C02%5Cstory_2-10-2009_pg7_6
