145/2023 Suit JDW Sugar Mills Limited & others (Plaintiff) V/S Federation of Pakistan & others (Defendant)

145/2023 Suit JDW Sugar Mills Limited & others (Plaintiff) V/S Federation of Pakistan & others (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 07-MAR-23

Now this debate is not concluding here to benefit any party to whom quota was allocated or would be allocated following above understanding of policy, but the end beneficiary is the federal government as the policy ensured prompt foreign exchange in about 45 days of opening of Letter of Credit. We need to understand that the subject matter is of such a magnitude that it requires immediate and conclusive attention of Court. Cane commissioner misunderstood when he applied his wisdom without following the limitations that they are under. Federal government is also equally responsible in not assisting this Court and clarifying the intent of policy to the cane commissioner as adjudged above. Politics should not invade policy matter meant for public interest in a way that fundamental and secured legal rights of citizen would get prejudiced. This case seems to be one of those, unfortunately. Thus, not being an ordinary situation I not only inclined to grant injunction restraining cane commissioner to act in such manner and distribute quota arbitrarily, but would expect prompt makeup for the losses by adhering to the above conclusion drawn by this Court, as far as sugar mills quota is concerned i.e. distribution on performance based i.e. sugar crushed and/or sugar produced which is the only justified formula provided by federal government when policy was made and applied. Since it is time bound issue and since sugar has its best use if consumed in two years' time, it is expected that cane commissioner would respond and submit reallocation within two weeks from date of this order