January 25, 2008	Friday	Muharram 15, 1429

ISLAMABAD, Jan 24: The Supreme Court on Thursday dismissed its own suo motu case on the rising prices of essential commodities, initiated by the pre-PCO court, giving a clear sign that it was not the job of the judiciary to watch markets and determine food prices.

The case was instituted by the apex court last June by turning press reports into a petition, seeking remedy under the constitution’s provisions about fundamental rights. Deposed chief justice Iftikhar Mohammad Chaudhry had started hearing the petition in July.

However, a three-member bench of the apex court headed by Acting Chief Justice Nawaz Abbasi Thursday ruled that the subject matter of the petition did not fall in the jurisdiction of the court, though it conceded that the rising prices of the essential commodities were hurting people.

“Control over prices of commodities is determined by market forces and not by the court,” the bench observed.

Attorney General Malik Mohammad Qayyum also told the court that it could not influence the issues related to the market as such case did not fall under its suo motu jurisdiction.

Before proclamation of the state of emergency on November 3 under which a majority of the apex court judges were removed, a pre-PCO bench while hearing the same case observed that people had the constitutional right that their life and liberty should be protected, and that it was the right of the people to get essential commodities and food items at reasonable prices.

That bench had also expressed the hope that the drive against hoarders and profiteers to control prices of essential food items would continue to achieve results.

Inspectors general of police in the provinces and the Islamabad Capital Territory (ICT) had also formed teams of senior police officers and had launched a campaign against the hoarders.

Orders were also issued back then to take measures for checking smuggling of flour and wheat to Afghanistan from Balochistan.

On Thursday, Senator Enver Baig, also a complainant in the case, deplored that he was screaming for the last four years in the Upper House but he was not getting answers from the government against those responsible for hoarding and black marketing in the country.

Senior Advocate Hafeez Pirzada, representing the sugar mill owners, pleaded before the court to expunge from the record the outcome of the probe on sugar scam conducted by the National Accountability Bureau (NAB) because it was their internal inquiry which was later closed without holding anyone responsible for the crisis.

However, the court observed that it was not its job, adding that neither the court ordered to initiate any inquiry nor asked anybody to close it.

At the last hearing the court had ordered NAB’s prosecutor general to explain why its inquiry on the sugar crisis was closed.

With the dismissal of the case, the related issue regarding conversion of the leased farmlands into palatial farmhouses also stands dismissed.

The Capital Development Authority was earlier required to immediately cancel the lease of farmlands that were being utilised for other purposes instead of growing agri-products.

These farmlands on the outskirts of Islamabad were doled out to the elite in the name of producing poultry, vegetables and fruit for the citizens but were converted into palatial farmhouses.