ISLAMABAD: Islamabad High Court (IHC) dismissed the petition seeking decrease in petrol price.

The court observed that fixation of price was a sole discretion of the executive, and the judiciary had nothing to do with it.

The petitioner, Jamaat-i-Islami leader Mian Mohammad Aslam, invoked the jurisdiction of the IHC for being aggrieved on account of the recent increase in prices of petroleum products by the federal government. He has sought appropriate writs for declaring the increase in petroleum products unconstitutional and a direction to the federal government to reduce the recently increased prices.

The court noted that the pricing of a commodity involves several factors and is obviously directed by market forces. It has nexus with the economic conditions and policies of the executive. It thus falls within the exclusive domain of the executive branch of the state.

IHC observes that fixation of price is the discretion of the executive, and the judiciary has nothing to do with it

The executive is led by elected representatives and they are accountable to the people of Pakistan for their policies and its consequences. No executive would willingly invite the wrath of the people by allowing increase in prices of essential commodities through deliberate or reckless decisions, the court observed.

It is also unimaginable that elected representatives would not want to keep the electorate content by ensuring availability of essential commodities at affordable prices.

The courts are neither equipped nor have the expertise to intervene or adjudicate upon matters relating to economic policies of the executive, particularly fixation of prices of essential commodities, it added.

By entertaining the petition in hand, this court would definitely be traveling beyond the limits prescribed by the Constitution and intruding in the domain of the executive without being competent to adjudicate the matter, remarked the judge.

As per the court’s order, the grievance of the petitioner is regarding an issue, which exclusively falls within the domain of the executive and the policies framed by the latter from time to time.

The intervention by this court could disturb the equilibrium contemplated by the Constitution. This court has no reason to doubt that the executive would be oblivious to the hardship faced by the public because it is led by chosen representatives of the people.

“We must, therefore, trust the elected representatives and their bonafides in formulating policies unless it can be demonstrably shown otherwise,” the court said.

In the instant case nothing has been placed on record to indicate that a case is made out for interference by this court in a matter, which exclusively falls within the domain of the executive, the court order said, adding “In the circumstances the prayers sought are not justiciable. Moreover, the matter is of a nature that this court ought to exercise utmost restraint because intervention would prejudice the policies and actions of the executive in dealing with the challenges that relate to the economy.”

Published in Dawn, July 2nd, 2020