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HYDERABAD, Nov 6: The Sindh High Court, Hyderabad circuit bench, on Tuesday issued notices to the Ministry of Petroleum and Natural Resources, Islamabad, the chairman, Natural Gas Regulatory Authority, and the managing director and the general manager (billing), Sui Southern Gas Company, on a constitutional petition filed by the Zeal Pak Cement Factory, challenging the notification issued by the respondents, giving retrospective effect to the increase in sale prices of gas for the cement plant which were fixed through a notification.
The petitioner’s factory has filed the petition through Advocate Kamaluddin, challenging the notification saying that it was not issued in accordance with the requirements of the Natural Gas Regulatory Authority Ordinance 2000.
The division bench consisting of Mr Justice Sabihuddin Ahmed and Mr Justice Sarmad Jalal Osmany has admitted the petition for regular hearing while observing that the contents, raised in the petition, required consideration.
The respondents have been issued notices for Nov 8.
The petitioner claimed that it was being supplied Natural Gas by the SSGC at the rate of Rs560.35 per Hm3 whereas the sale price of cement was Rs3,700 per tonne, i.e. Rs185 per 50kg bag.
The petitioner’s factory was already engaged in a court fight with the SSGC over the non-supply of Natural Gas as the SSGC failed to cater to the needs of the factory.
The high court last year had disposed of the factory management’s previous petition in this context with directives to the SSGC to provide full load of gas.
Claiming that the SSGC did not comply with the order, the factory management filed a contempt of court application which is still pending disposal.
The petitioner claimed that it had also raised objections on the letter issued by the general manager, SSGC, mentioning therein that the government had decided to provide gas to the cement plants on an “as and when available basis”, and added that it also objected to the retrospective effect, given to the enhancement in tariff of gas. It said that the factory received monthly bills for April and May 2001 at the prevailing rates which were paid.
SSP SUMMONED: A division bench of the Sindh High Court, Hyderabad circuit bench, on Tuesday directed the SSP, Hyderabad, to appear in person before the court on Nov 20 as the bench was not satisfied with the inquiry report submitted by him pertaining to an illegal detention.
The bench comprising Mr Justice Sabihuddin Ahmed and Mr Justice Sarmad Jalal Osmany observed that “we are not satisfied with the report of the SSP and direct him to appear in person before the court on Nov 2 and explain his position”.
At the very onset of hearing of the case, Mr. Justice Sabihuddin Ahmed observed that why a fine of Rs5,000 per day should not be imposed on the police officials concerned for detaining a man illegally. However, the additional AG, Sindh, intervened and requested that the SSP be called in court to explain his position.
The order was passed on the report which was submitted on Tuesday before the court in connection with the illegal detention of Hyder Ali Chandio. His grandmother, Ms Khadija Chandio, a resident of Qasimabad, had filed a criminal miscellaneous application through Advocate Ayaz Latif Paljio in the last week of May praying for the recovery of Hyder Chandio.
She had claimed that her grandson was picked up by the police and was detained at the Pinyari police station.
The bench comprising Mr Justice Ghulam Rabbani and Mr Justice Munir-ur-Rehman had directed the personal secretary to the judge, Iqbal Ahmed Khan, to pay a surprise visit to the police station. He went there and found the detenue in illegal detention. He submitted his report before the court.
The detenue was produced before the court the next day and the court released him on bail with directives to the SSP, Hyderabad, to conduct an inquiry regarding it.
