Lahore: The Lahore High Court (LHC) on Thursday declared that the provincial governments had the power to fix sugar price and other essential food items.
A two-judge bench of the LHC comprising Justice Shahid Karim and Justice Sultan Tanvir Ahmad ruled on petitions filed by the sugar mills challenging the Price Control and Prevention of Profiteering & Hoarding Order, 2021 issued by the federal government, invoking sections 3 and 4 of the Price Control and Prevention of Profiteering and Hoarding Act 1977.
The court declared that the 1977 Act essentially deals with price control, yet there is no power under the Constitution for parliament to enact such a law which relates to price control of essential food commodities being manufactured and produced in a province and regarding which that province has the exclusive jurisdiction to make laws. It added that under the 1977 act, the power of parliament to the extent of controlling prices of essential food commodities and prevention of profiteering and hoarding in relation to Punjab is ultra vires.
The verdict says that the 1977 act, to the extent that it extends to the whole of Pakistan, is unconstitutional.
The court also set aside the actions taken by the federal departments and the Punjab government and struck down the notifications issued under the Price Control and Prevention of Profiteering & Hoarding Order 2021.
