The Lahore High Court (LHC), Bahawalpur Bench has set aside Punjab government's order issued under Section 144 CrPC regarding ban on inter-provincial wheat movement.
Justice Jawwad S. Khwaja in his two-page judgement, dated September 8, in a case filed by Khalid Ahmed and other brokers for Noon Floor Mills Karachi, observed that the order of Secretary, Home Department, Government of Punjab, for ban on inter-provincial movement of wheat was in violation of the subsection of section 144 CrPC and hence were set aside.
The respondents included Secretary Food Department Government of Punjab, Secretary Home Department, Government of Punjab, District Nazim Bahawalpur, District Nazim Rahimyar Khan, District Nazim Vehari, District Food Controller, Bahawalpur, District Food Controller Rahimyar Khan, District Food Controller Vehari and in-charge check-post Kot Sobzal, Sadiqabad, and in-charge check-post Channi Goth. district Bahawalpur.
The Court rejected the Law Officer's argument that subsection (6) of the section 144 CrPC empowers the Secretary Home Department Government of Punjab to pass impugned order, and observed that Zila Nazim was a competent authority to invoke Section 144 CrPC.
The court also rejected another argument of the Law Officer that since the same question was pending with the Supreme Court of Pakistan for hearing it could not be decided separately.
The petitioners' counsel argued that his client wanted to transport wheat from Vehari to Karachi but it was being denied by the administration on the basis on an order passed by the Secretary Home Department on August 1, in purported exercise of powers under Section 144 CrPC. He further contended that Section 144 CrPC can only be invoked by the Zila Nazim.
The counsel pointed out that impugned order was passed for three months which was in violation of the provision of the Section 144 CrPC.
Despite clear orders of the LHC, Bahawalpur bench, District Food Controller Rahimyar did not allow the petitioner to transport wheat out of Rahimyar Khan district. His argument was that he was yet to receive orders for lifting of ban on wheat movement from his seniors.
The counsel for the petitioner is likely to file a case for contempt of court against the District Food Controller Rahimyar Khan district on Monday.