JDW SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of National Food Security and Re

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JDW SUGAR MILLS LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of National Food Security and Research, Pakistan Ss. 42 & 54---Constitution of Pakistan, Arts. 25 & 142---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Sugar quota for export---Equality, principle of---Applicability---Plaintiff/company was aggrieved of allocation of sugar quota by Cane Commissioner in violation of Federal Government Policy---Validity---Different people cannot be treated alike when law permits distinctions---When Federal Government did not carve out policy for allocating quota by treating all mills alike, the Cane Commissioner was also not permitted to do so---All sugar mills were not equal in terms of their capacity in many ways---Respective owners of sugar mills invested more in their mills, developed greater capacity, installed efficient plants and managed them more efficiently and worked harder than those who were less productive, less efficient and did not manage their efficiency and production---Sugar mill producing 2,18,590 Metric Tons of sugar in a year could not be at par with one producing 9,040 Metric Tons of sugar for allocating export quota---For any other issues sugar mills could be classified as one but not for export quota based on performance and productivity---All sugar mills did not deserve similar quota of export and the logic and rational would not let it happen---Cane Commissioner misunderstood when he applied his wisdom without following the limitations that they were under---Federal Government was also equally responsible in not assisting High Court and clarifying the intent of policy to Cane Commissioner---Politics should not invade policy matter meant for public interest in a way that fundamental and secured legal rights of citizen get prejudiced---High Court restrained Cane Commissioner from acting in such manner and distributing quota arbitrarily---High Court expected from the Cane Commissioner prompt makeup for the losses, as far as sugar mills' quota was concerned i.e. distribution on performance based i.e. sugar crushed and/or sugar produced which was the only justified formula provided by Federal Government when policy was made and applied---This was a time bound issue as sugar had its best use if consumed in two years' time, thus Cane Commissioner would respond and submit reallocation within two weeks' time---High Court declared that allocation of quota for export of sugar in identical terms i.e. 2500 MT to every sugar mill of Sindh through Cane Commissioner, ignoring sugarcane crushed and sugar produced by mills, was illegal and unlawful---Cane Commissioner was under obligation to implement the policy in letter and spirit as required by the Federation---Application was allowed accordingly.

JDW SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of National Food Security and Research, Pakistan Ss — 2024 PLD 348 KARACHI-HIGH-COURT-SINDH

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