ISLAMABAD: A law firm filed a petition in the Supreme Court on Friday challenging the presidential ordinance which raised prices of petroleum products.

President Asif Ali Zardari promulgated the Petroleum Products (Development Levy) Ordinance XV of 2009 on Thursday to offset Supreme Court’s suspension of the imposition of carbon surcharge.

The petition filed by Advocate Mohammad Ikram Chaudhry on behalf of Advocate Shoaib Shahid is based on Constitution’s articles 2-A (Objectives Resolution to form part of substantive provisions), 4 (rights of individual to be dealt with in accordance with the law), 5 (loyalty to state and obedience to Constitution), 8 (laws inconsistent with fundamental rights to be void), 9 (security of person), 25 (equality of citizens), 37 (promotion of social justice and eradication of social evils), 38 (promotion of social and economic well-being of the people), 77 (tax to be levied by law only) and 89 (powers of president to promulgate ordinance).

A similar petition filed by a local lawyer on Thursday was not entertained by the Islamabad High Court on technical grounds.

Chief Justice Iftikhar Mohammad Chaudhry remarked when the issue had been raised before him that the Supreme Court would exercise its jurisdiction to examine the legitimacy of the ordinance when it was challenged.

Through another application, the petitioner requested the court to stay the operation of the ordinance and fix the matter as early as possible, preferably on Monday. 

The Supreme Court has adjourned for a month hearing on petitions challenging the pricing mechanism for petroleum products.

The federal government, the petroleum secretary and the Oil and Gas Regulatory Authority are respondents in the fresh petition which contends that the ordinance is ultra vires of the Constitution because it violates the rights of the citizens to life, liberty, safety and social justice.
 
It says the imposition of the levy is mala fide, oppressive and excessive because the public at large faces multiple taxation and it bypasses the Supreme Court’s order of putting on hold the collection of carbon surcharge. 

The petitioner says that it is the basic obligation of the state to safeguard the fundamental rights enshrined in the Constitution and to ensure that all taxes are levied in harmony with the legal rights of the people.

He said the president had approved promulgation of the ordinance in the middle of the night, in disregard of every logic, rule and reasoning. He said issues dealing with the lives of the people and public money needed days, if not weeks, for discussion at all levels.