ahlam1399
02-10-2017, 10:13 PM
https://www.thenews.com.pk/assets/uploads/akhbar/2017-02-10/l_185343_041224_print.jpg Dismisses LHC’s interim order that allowed crushing;
sends case back to LHC for disposal on merit
ISLAMABAD: The Supreme Court on Thursday halted sugarcane crushing (production) in three sugar mills owned by the Sharif family after dismissing an interim order passed by the Lahore High Court that had allowed crushing.
A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard the petition filed by Jamalud Din Wali (JDW) Sugar Mill owned by the PTI leader Jehangir Tareen. Tareen had challenged the LHC’s interim order.
The court directed the Ittefaq, Haseeb and Chaudhry sugar mills to cease crushing until the Lahore High Court disposed of their petitions.The court vacated the interim order and remanded the case back to the LHC with the direction that the chief justice hear the case on Feb 16 and decide it on merit within seven days.
The court directed all the parties concerned to provide the LHC with new documents, which were **t filed earlier.An amendment to the 2006 **tification says, “** new sugar mill shall be set up and ** enlargement in capacity of the existing sugar mills is allowed in the province.”
Chief Justice Mian Saqib Nisar asked if Hamza Shahbaz and his family members had shares in the Ittefaq Sugar Mills. He asked the counsel for the Ittefaq Mills **t to talk about merit of the case otherwise it would mean the Punjab chief minister had approved the summary to set up the mills as his family members were involved in it.
Salman Akram Raja, counsel for the Ittefaq Mill, replied that Tariq Shafi, Javed Shafi and his family were shareholders of the Ittefaq Sugar Mills.The chief justice asked whether Hamza Shahbaz and his family also had shares in the Ittefaq Mills. The counsel replied that Hamza Shahbaz and his family had ** shares.
The chief justice asked whether the 2006 **tification was amended to benefit the family members.Raja said it was just a blame and an amendment to the **tification was made in accordance with the law.
Justice Umer Atta Bandial said it was a case of public interest and the chief executive had direct nexus with the **tification.Appearing on **tice, Barrister Aitzaz Ahsan, representing Jamalud Din Wali (JDW) Sugar Mill, argued that the LHC had given an interim relief to the Ittefaq Mills, while the case was still pending.
He said the Ittefaq Sugar Mills started crushing, benefiting from the interim order. He alleged that the sugar mills had been set up in the garb of a power plant. He recalled that the Supreme Court in a judgment had made it clear that sugar mills could **t be set up in cotton harvesting areas.
He contended that the Ittefaq Sugar Mills was **t functional and its shifting from **rth to south Punjab was a violation of the court order and law, adding that only a functional sugar mills could be shifted.
Aitzaz told the court that it was being misled on the Ittefaq Mills to which the chief justice asked him if he meant the sugar mills was established at the site of the power plant and its shifting was illegal.
Aitzaz requested the court to halt crushing in the Ittefaq Mills and the LHC be asked to decide the matter in one month.The chief justice said they could **t interfere in the interim order of the high court and asked Aitzaz to clarify his four points.
Aitzaz contended that the Ittefaq Mills was shifted from **rth to south in violation of law, adding that the interim order was passed nine times, but those were violated. He said the local commissioner had also declared this shifting as illegal.
He informed the court that in the 2006 **tification, the Punjab government banned setting up of new sugar mills and their shifting in the province.He said the Ittefaq Sugar Mills was set up illegally and its operation should be suspended immediately. He contended that the Punjab government had amended the **tification to benefit the Sharif family.
Salman Akram Raja contended that the Ittefaq Sugar Mill had **t violated the court orders.He said the 2006 **tification was amended by a committee headed by the Punjab chief minister in 2015.
“Still there is a ban on setting up new sugar mills, but only shifting of mills was allowed,” the counsel submitted. He contended that issuing directives for suspension of sugarcane crushing would render thousands of labourers working in the Ittefaq Mill jobless and Rs380 million investment would go waste.
He further said if the mills were closed, the power plant would also be closed.Meanwhile, the court remanded the matter back to the Lahore High Court for disposal on merit.On October 28, a division bench of the LHC maintained status quo on the matter of shifting of five sugar mills owned by Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and their relatives.
On October 10, a single bench headed by Justice Ayesha A Malik declared as illegal the relocation of Chaudhry Sugar Mills, Ittefaq Sugar Mills in Sahiwal, Haseeb Waqas Sugar Mills in Nankana Sahib, Abdullah (Yousaf) Sugar Mills in Sargodha and Abdullah Sugar Mills in Depalpur to other districts.
Meanwhile, in a related development, PTI Secretary General Jehangir Tareen welcomed the Supreme Court’s order.In a video message after the apex court’s order, Tareen alleged that the Sharif family had flouted all the laws and insisted that Pakistan’s top personality should respect and abide by the law.
Tareen said he had fought a legal battle, spread over two years, and the apex court’s order was a welcome one, indicating the time had changed **w and the rulers would have follow the law.
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sends case back to LHC for disposal on merit
ISLAMABAD: The Supreme Court on Thursday halted sugarcane crushing (production) in three sugar mills owned by the Sharif family after dismissing an interim order passed by the Lahore High Court that had allowed crushing.
A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard the petition filed by Jamalud Din Wali (JDW) Sugar Mill owned by the PTI leader Jehangir Tareen. Tareen had challenged the LHC’s interim order.
The court directed the Ittefaq, Haseeb and Chaudhry sugar mills to cease crushing until the Lahore High Court disposed of their petitions.The court vacated the interim order and remanded the case back to the LHC with the direction that the chief justice hear the case on Feb 16 and decide it on merit within seven days.
The court directed all the parties concerned to provide the LHC with new documents, which were **t filed earlier.An amendment to the 2006 **tification says, “** new sugar mill shall be set up and ** enlargement in capacity of the existing sugar mills is allowed in the province.”
Chief Justice Mian Saqib Nisar asked if Hamza Shahbaz and his family members had shares in the Ittefaq Sugar Mills. He asked the counsel for the Ittefaq Mills **t to talk about merit of the case otherwise it would mean the Punjab chief minister had approved the summary to set up the mills as his family members were involved in it.
Salman Akram Raja, counsel for the Ittefaq Mill, replied that Tariq Shafi, Javed Shafi and his family were shareholders of the Ittefaq Sugar Mills.The chief justice asked whether Hamza Shahbaz and his family also had shares in the Ittefaq Mills. The counsel replied that Hamza Shahbaz and his family had ** shares.
The chief justice asked whether the 2006 **tification was amended to benefit the family members.Raja said it was just a blame and an amendment to the **tification was made in accordance with the law.
Justice Umer Atta Bandial said it was a case of public interest and the chief executive had direct nexus with the **tification.Appearing on **tice, Barrister Aitzaz Ahsan, representing Jamalud Din Wali (JDW) Sugar Mill, argued that the LHC had given an interim relief to the Ittefaq Mills, while the case was still pending.
He said the Ittefaq Sugar Mills started crushing, benefiting from the interim order. He alleged that the sugar mills had been set up in the garb of a power plant. He recalled that the Supreme Court in a judgment had made it clear that sugar mills could **t be set up in cotton harvesting areas.
He contended that the Ittefaq Sugar Mills was **t functional and its shifting from **rth to south Punjab was a violation of the court order and law, adding that only a functional sugar mills could be shifted.
Aitzaz told the court that it was being misled on the Ittefaq Mills to which the chief justice asked him if he meant the sugar mills was established at the site of the power plant and its shifting was illegal.
Aitzaz requested the court to halt crushing in the Ittefaq Mills and the LHC be asked to decide the matter in one month.The chief justice said they could **t interfere in the interim order of the high court and asked Aitzaz to clarify his four points.
Aitzaz contended that the Ittefaq Mills was shifted from **rth to south in violation of law, adding that the interim order was passed nine times, but those were violated. He said the local commissioner had also declared this shifting as illegal.
He informed the court that in the 2006 **tification, the Punjab government banned setting up of new sugar mills and their shifting in the province.He said the Ittefaq Sugar Mills was set up illegally and its operation should be suspended immediately. He contended that the Punjab government had amended the **tification to benefit the Sharif family.
Salman Akram Raja contended that the Ittefaq Sugar Mill had **t violated the court orders.He said the 2006 **tification was amended by a committee headed by the Punjab chief minister in 2015.
“Still there is a ban on setting up new sugar mills, but only shifting of mills was allowed,” the counsel submitted. He contended that issuing directives for suspension of sugarcane crushing would render thousands of labourers working in the Ittefaq Mill jobless and Rs380 million investment would go waste.
He further said if the mills were closed, the power plant would also be closed.Meanwhile, the court remanded the matter back to the Lahore High Court for disposal on merit.On October 28, a division bench of the LHC maintained status quo on the matter of shifting of five sugar mills owned by Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and their relatives.
On October 10, a single bench headed by Justice Ayesha A Malik declared as illegal the relocation of Chaudhry Sugar Mills, Ittefaq Sugar Mills in Sahiwal, Haseeb Waqas Sugar Mills in Nankana Sahib, Abdullah (Yousaf) Sugar Mills in Sargodha and Abdullah Sugar Mills in Depalpur to other districts.
Meanwhile, in a related development, PTI Secretary General Jehangir Tareen welcomed the Supreme Court’s order.In a video message after the apex court’s order, Tareen alleged that the Sharif family had flouted all the laws and insisted that Pakistan’s top personality should respect and abide by the law.
Tareen said he had fought a legal battle, spread over two years, and the apex court’s order was a welcome one, indicating the time had changed **w and the rulers would have follow the law.
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