SGA moves SHC: Quality premium to sugarcane growers as per SC judgment sought

Sindh Growers Alliance (SGA) has moved Sindh High Court (SHC) against sugar mills in the province for non-compliance of judgment of the Supreme Court to pay quality premium to sugarcane growers. SGA with co-petitioner Syed Mureed Ali Shah Advocate filed the constitutional petition in SHC, which has been fixed for Monday. A division bench of SHC headed by Justice Muhammad Ali Mazhar will hear their plea.
Sindh Government, Cane Commissioner Sindh, Sugar Mills Association (PSMA) and 38 sugar mills of the province have been made respondents in the petition. Petitioners submitted that after paying quality premium to the growers for seventeen long years right from the crushing season 1981-82 till 1997-98, the mill owners suddenly felt aggrieved when the rate of quality premium for the 1998-99 crushing season was raised from 32 paisas per maund to 50 paisas.
Sugar mills sought a restraining order against notifying quality premium which was granted on 25-02-1999 at the high court which dismissed it in 2003.
Sugar Mills moved Supreme Court (SC) against the dismissal of petition in the high court, which in 2018 dismissed the appeal of sugar mills. SC's judgment reads, "We therefore conclude that the grant of quality premium being just and fair based on statutory provision is legally enforceable. The impugned notification was validly issued, hence these appeals are dismissed. We may, however, mention here that in future notification as per past practice for payment of quality premium should be issued along with the notification of fixation of the minimum procurement price of sugarcane and the same shall be paid to the growers not later than two months after the crushing season comes to an end."
Petitioners submitted that in spite of unequivocal judgment of apex court, sugar mills have miserably failed to pay quality premium to the sugarcane growers for the crushing season 1998-1999 to 2018-19. They accused them of having actively been involved in continuously violating, disobeying, obstructing and making mockery of the judgment dated 05-03-2018 of the apex court.
Petitioners prayed the court to punish sugar mills under Articles 187, 189, 190, 201 and 204 of the constitution for not paying quality premium to the growers for the crushing seasons 1998-99 to 2018-19 and order to put them behind the bars and their properties/offices be sealed for violating, disobeying, obstructing and making mockery of the sc orders.
They requested the court to direct Sindh Government and Cane Commissioner to implement notification No.8(142)/S.O(Ext)2018-19/336 dated 02-05-2019 and take coercive action against sugar mills for not paying quality premium to the growers for the crushing seasons 1998-99 to 2018-19, including minimum procurement price of sugarcane at the rate of Rs 182 per 40 kg to the growers for the crushing season 2018-19.