10-02-2009, 09:11 AM
PSMA files fake, forged documents: delegate power of fixing sugar price to CCP, suggests Supreme Court
QAMAR UZ ZAMAN
ISLAMABAD (October 02 2009): In a bid to circumvent Lahore High Court (LHC) decision of fixing sugar price at Rs 40 per kg, Pakistan Sugar Mills Association (PSMA) Thursday went to the extent of filing fake and forged documents before the Supreme Court which forced the court to award exemplary punishment to discourage such practices in future.
Besides initiating criminal proceedings against the PSMA officials involved in producing a fake resolution of Central Executive Committee, authorising the Secretary General to file a petition against LHC decision before the SC, the court also hinted at taking action under the companies' ordinance.
Heading a three-member bench, Chief Justice Iftikhar Muhammad Chaudhry drubbed Sikander Khan, president PSMA, at his confession of producing a fake document before the court and directed him to produce Javed Kiani who had signed the fake and forged document produced before the court on Friday (today).
The PSMA on September 12 had approached the SC against LHC decision while raising questions on suo motu powers and authority of the court to fix prices. In addition, the bench dismissed a similar petition filed by Punjab Sugar Dealers Association (PSDA), a non-registered entity, with cost at its failure to substantiate even a single document to prove its locus standi.
The court also suggested at delegating the power of fixing sugar price to Competition Commission of Pakistan (CCP) until the completion of commission's report regarding sugar crisis as an interim measure. Otherwise it would be up to the court to decide the matter on merit, the court added.
After being found guilty of a criminal act, the PSMA president Sikander Khan did not take a single minute to agree with the proposal. However, Attorney General (AG) as well as the parties (sugar mills) said to submit their reply in this regard after seeking instructions on Friday (today).
Chief Justice Iftikhar Muhammad Chaudhry directed the AG to justify the petition filed by the federation for suspension of the LHC order according to the Rules of Business. "Entire country is on one side but the government is on the other, now it would be up to the court to create a balance", observed the CJ while addressing the AG. "Instead of challenging the LHC order you should have taken steps for its implementation", he added.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Jawwad S. Khawaja held a marathon hearing of the case which started at about 12 noon and lasted till 8 PM noted that "the PSMA had not only violated the Companies Ordinance but at the same time had attempted to misguide the apex court".
Holding Advocate Shahid Karim counsel for the PSMA responsible Chief Justice said in the order, "we are sorry to observe that the association dared to produce false document before the SC without realising the authority of the court. Therefore, in order to discourage such attitude of litigants no concession can be extended to anyone as everyone is equal before the law, adding whosoever violates the law have to face the consequences".
The PSMA also failed to satisfy the court regarding its letter dated 17-09-2009 to the Ministry of Food and Agriculture saying there was no need to import sugar as it had stock to meet the demand till December this year. The court directed provincial Advocate Generals to submit their concise statements regarding price of sugar in all the four federating units.
http://www.brecorder.com/index.php?id=966434
QAMAR UZ ZAMAN
ISLAMABAD (October 02 2009): In a bid to circumvent Lahore High Court (LHC) decision of fixing sugar price at Rs 40 per kg, Pakistan Sugar Mills Association (PSMA) Thursday went to the extent of filing fake and forged documents before the Supreme Court which forced the court to award exemplary punishment to discourage such practices in future.
Besides initiating criminal proceedings against the PSMA officials involved in producing a fake resolution of Central Executive Committee, authorising the Secretary General to file a petition against LHC decision before the SC, the court also hinted at taking action under the companies' ordinance.
Heading a three-member bench, Chief Justice Iftikhar Muhammad Chaudhry drubbed Sikander Khan, president PSMA, at his confession of producing a fake document before the court and directed him to produce Javed Kiani who had signed the fake and forged document produced before the court on Friday (today).
The PSMA on September 12 had approached the SC against LHC decision while raising questions on suo motu powers and authority of the court to fix prices. In addition, the bench dismissed a similar petition filed by Punjab Sugar Dealers Association (PSDA), a non-registered entity, with cost at its failure to substantiate even a single document to prove its locus standi.
The court also suggested at delegating the power of fixing sugar price to Competition Commission of Pakistan (CCP) until the completion of commission's report regarding sugar crisis as an interim measure. Otherwise it would be up to the court to decide the matter on merit, the court added.
After being found guilty of a criminal act, the PSMA president Sikander Khan did not take a single minute to agree with the proposal. However, Attorney General (AG) as well as the parties (sugar mills) said to submit their reply in this regard after seeking instructions on Friday (today).
Chief Justice Iftikhar Muhammad Chaudhry directed the AG to justify the petition filed by the federation for suspension of the LHC order according to the Rules of Business. "Entire country is on one side but the government is on the other, now it would be up to the court to create a balance", observed the CJ while addressing the AG. "Instead of challenging the LHC order you should have taken steps for its implementation", he added.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Jawwad S. Khawaja held a marathon hearing of the case which started at about 12 noon and lasted till 8 PM noted that "the PSMA had not only violated the Companies Ordinance but at the same time had attempted to misguide the apex court".
Holding Advocate Shahid Karim counsel for the PSMA responsible Chief Justice said in the order, "we are sorry to observe that the association dared to produce false document before the SC without realising the authority of the court. Therefore, in order to discourage such attitude of litigants no concession can be extended to anyone as everyone is equal before the law, adding whosoever violates the law have to face the consequences".
The PSMA also failed to satisfy the court regarding its letter dated 17-09-2009 to the Ministry of Food and Agriculture saying there was no need to import sugar as it had stock to meet the demand till December this year. The court directed provincial Advocate Generals to submit their concise statements regarding price of sugar in all the four federating units.
http://www.brecorder.com/index.php?id=966434