The Supreme Court on Monday ordered setting up of a Commission for enquiry into soaring trend in prices of petroleum products from 2001 till date. Chief Justice Iftikhar Muhammad Chaudhry observed that the government should not merely overburden the poor; it should also provide an equal relief as well. The people are distressed and the courts are compelled to do the work of government organisations, he said.
A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Raja Fayyaz Ahmed, directed the Commission to submit its findings after 30 days, since start of its exercise.
The Commission, headed by former Justice Rana Bhagwan Das, would examine certain aspects including pricing of petroleum products at domestic and international markets, profits earned by the government, powers of the Oil Companies Advisory Committee (OCAC), Oil and Gas Regulatory Authority (Ogra) and other related organisations.
The Commission would consist of F A Ferguson (charted accountant firm), Ministry of Environment, Ministry of Petroleum, Ministry of Finance and representative of the people. The Commission can also take services of independent experts, if needed.
The court fixed Rs one million to meet the expenditures of the enquiry, and directed the oil companies to bear the expenditures of the Commission. Engineer Iqbal Zafar Jhagra had filed the petition through counsel Advocate Ikram Chaudhry in 2005 but the matter was adjourned due to non-availability of lawyers.
Arguing before the court, Ikram Chaudhry said that authorisation of OCAC to fix the prices of petroleum products by the Ministry of Petroleum was ulta vires of the constitution. He raised the question whether Ogra after 2006 after having taken over the position under the law was authorised to benefit from decrease in oil prices in international markets by not passing it over to the consumer. The counsel quoted Advisor to Prime Minister on Finance, Shaukat Tarin, that the government had earned a profit of Rs 12 billion during the month of February and profit of Rs 18 billion was expected in March.
Dr Khalid Anwer appeared before the court on behalf of the oil companies. At courts query regarding justification of not passing the relief to the poor, Khalid said there was no justification in this respect. The court adjourned the matter for a date in office.