SURESH KUMAR vs PROVINCE OF SINDH through Chief Secretary Sindh S — 2022 MLD 1862 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1862 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: SURESH KUMAR vs PROVINCE OF SINDH through Chief Secretary Sindh S
Subject matter: Criminal
Provisions referred to: S. 3---W

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SURESH KUMAR VS PROVINCE OF SINDH through Chief Secretary Sindh S.3---Wheat Release Policy, 2020-2021---Constitution of Pakistan, Art.18---Freedom of trade, business or profession---Powers to control supply, distribution of foodstuffs---Scope---Petitioners challenged a clause in the Wheat Release Policy 2020-2021 whereby it was declared that flour mills involved in plea bargain with NAB (National Accountability Bureau) would not be allowed to buy government wheat---Validity---Respondents had entered into plea bargain with NAB---No finding was given against the petitioners and their flour mills by the Accountability Court---Petitioners' flour mills were leased out to the respondents---Authorities were not releasing Government wheat to petitioners by misinterpreting said clause on the ground that they were involved in plea bargain, which was contrary to record---Said action had adversely affected the business activities of the petitioners and they were treated differently from other flour mills operating in the province---If the petitioners/flour mills would have entered into plea bargain with NAB themselves, then said clause might have become applicable, but subject to other legal implications---Petitions were accepted only to the extent that the said clause was not applicable to the petitioners.

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