HYDERABAD: A division bench of the Sindh High Court Hyderabad circuit has issued notices to the Sindh agriculture secretary and provincial cane commissioner on a constitutional petition seeking issuance of notification for commencement of sugar cane crushing season 2017-18 and fixing of its minimum price on Nov 9.

The bench, comprising Justice Mohammad Iqbal Kalhoro and Justice Khadim Hussain M. Shaikh, on Tuesday issued the notices on the petition jointly filed by eight representatives of the Sindh Agriculture Research Council (SARC), including Mohammad Hayat and seven others. They were represented by advocate Ali Palh.

The petitioners said they cultivated sugar cane, which was a cash crop, and their economy was dependent on fixation of sugar cane price and timely commencement of crushing by sugar mills so that their lands were vacated for cultivation of wheat crop. They maintained that sugar cane was one of the largest cash crops of Pakistan, which generated income for rural and urban population and other stakeholders, including transporters, farmers, labourers and millers.

Despite the fact that Pakistan was the fifth largest sugar cane producer in the world, its growers had to remind the authorities concerned every year and knock at the door of courts for issuance of notification of its minimum price and commencement of crushing season by mills in October or November.

They said the Sindh government was under legal obligation due to Sections 8 and 16 of Sugar Factories Control Act 1950 to issue notification for commencement of crushing and fixation of minimum price of sugar cane in October or November every season. Last year notification was not issued unless growers approached the court; it was issued on Nov 3 for season 2016-17, they added.

They said belated commencement of the season not only affected small growers, but also peasants, who would not be able to sow wheat crop and their standing sugar crop would suffer.

They said growers had approached the relevant authorities (agriculture minister, secretary) for fixation of rate and issuance of notification, but no result was seen and the Sindh government was avoiding issuance of the notification despite growers’ protests being held in all cities of Sindh.

They maintained that this attitude of the Sindh government caused financial loss to sugar cane growers because of delayed commencement of the season in November.

The SARC had written a letter to the cane commissioner, reminding him of his legal obligations, they said. The petitioners also wrote letters to the respondents, detailing consequences of belated start of crushing season and its impact on food security in the country, they added.

They said it was a patent case of excess of jurisdiction and authority on part of government officials.

They prayed to the court to direct the respondents to issue notification for commencement of crushing season before Nov 15, 2017 and fixation of minimum price of sugar cane.

Published in Dawn, November 1st, 2017