1094/2020 Const. P. Suresh Kumar Hindu (Petitioner) V/S P.O Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Aftab Ahmed Gorar, Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
Order Date: 17-FEB-21
Precise facts are that Petitioners have challenged the Wheat Release Policy 2020-21 dated 14th October 2020 (said Policy), on the ground that Clause (xii) whereof is violative of the Food Stuffs (Control) Act, 1958, and the Food-grains (Licensing Control) Order, 1957, and consequently, be set aside and Flour Mills of Petitioners be given wheat as per the uniform Policy. The legal team of Respondents has stated that it is purely an executive matter regarding which no petition of the nature is maintainable. Crux of the rule laid down in these decisions is that ordinarily under Article 199 of the Constitution, High Court cannot interfere in the policy matters of the Executive, except if it is violative of law or is product of mala fide; whereas, the mala fide is also explained, inter alia, that unless an un rebuttable material is on record with regard to a specific plea of mala fide and not a vague one, the decision or action complained of, cannot be annulled or declared illegal This principle has been evolved through judicial pronouncements and opinions of jurists, the crux of which is that punishment must fit the crime. When on the record there is no evidence that Petitioners / Flour Mills have entered into plea bargain with NAB, then Clause (xii) cannot be stretched to include Petitioners / Flour Mills, and such an action of Respondents is hit by this doctrine of proportionality also and is unreasonable and discriminatory. Petitions are accepted only to the extent, that the Clause (xii) of the Wheat Policy is not applicable to the present Petitioners / Flour Mills and they are entitled to get their respective share / quota of wheat in accordance with the present Wheat Policy 202021 like other Flour Mills established and operating in the Province of Sindh.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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