PHC takes suo motu notice of flour crisis

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PESHAWAR, Oct 22 The Peshawar High Court on Wednesday took suo motu notice of the ongoing flour crisis in NWFP and summoned all the concerned secretaries, nazims, district police officers, district coordination officers, head of Frontier Constabulary and other stake holders.

A two-member bench comprising Justice Dost Mohammad Khan and Justice Syed Yahya Zahid Gillani fixed November 11 for next hearing with the directives to all concerned officials to appear in person and explain the situation.

The bench requested senior lawyers and journalists to assist the court and provide material relevant to the issue as it was of utmost importance.

“This is a public interest issue and the masses might revolt against the state. We have to collectively streamline this system,” observed Justice Dost Mohammad. The bench observed that various issues were attached with the crisis including smuggling of flour to Afghanistan, enormous increase in flour price in the province and provision of substandard flour, which was not fit for human consumption.

The officials summoned by the bench include the secretaries of home, food, agriculture and industries departments, chief of Frontier Constabulary, district nazims, DPOs, members of Floor Mills Association and others.

Justice Dost Mohammad questioned that how in the presence of large number of security personnel flour could be smuggled to Afghanistan. The bench observed that those officials had to address all the questions and issues.

The bench was hearing a writ petition filed by Pakistan Flour Mills Association, NWFP chapter, challenging the ban imposed by the provincial government on movement of wheat and wheat products among districts in the province.

The bench observed that the petitioner had sought a specific relief whereas there were various dimensions of the crisis which should be addressed. The bench observed that instead of deciding the petition it would prefer to take suo motu notice of all the issues related to the flour crisis.

The petition is filed on behalf of the association by its secretary, Haji Wadood Noor, praying the court to declare the ban as illegal and unconstitutional.

Advocate Moazzam Butt appeared for the petitioner and contended that the imposition of ban on inter-district movement of wheat and wheat products under section 144 of CrPC resulted in market price distortion and problems for the people in the backdrop of recent harvest.

He contended that the government by hindering free movement of wheat and flour among the district had victimised millions of peoples in NWFP through price hike of wheat and its shortage.

The orders regarding ban on wheat movement passed by food secretary and NWFP food director, he stated, was in conflict with Article 151 of the Constitution that guaranteed trade, commerce and intercourse throughout Pakistan shall be free.

The petitioner stated that trade and commerce throughout Pakistan was free and the ban practically imposed by the respondents was against the expressed provisions of the Constitution.

The petitioner, which has around 252 flour mills as its members, said that non-supplying wheat to the flour mills would turn jobless thousands of people associated with the flour mills.

He added that many of the mills in the province were already closed and rest were now forced to stop their business, profession and occupation and that was in violation of Article 18 of the Constitution.

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