Petition against wheat ban filed in SC

Published August 5, 2004

ISLAMABAD, Aug 4: The Pakistan Flour Mills Association (PFMA), NWFP, has asked the Supreme Court, through a petition, to direct the Punjab government to lift the ban on the movement of wheat to other provinces, especially the NWFP.

Through the petition filed under Article 184(3) of the constitution, the association has sought direction from the apex court for immediate lifting of the ban on the movement of wheat and supply of the commodity to it in accordance with its need.

The petitioner has made 26 respondents, including the federation through the law ministry, the government through the food and agriculture secretary, the Punjab government, 21 district nazims and the NWFP government through the provincial food and agriculture secretary.

The petitioner is being represented by Raja Mohammad Ibrahim Satti. The ban was imposed by the Punjab government under Section 144 of the Criminal Procedure Code (CrPC) a few months back when the procurement of wheat started.

The petitioner has asked the Supreme Court to hold that trade and commerce throughout the country should be free under Article 151 of the constitution and that the Punjab government and assembly have no authority to make any law or take any executive action prohibiting or restricting the movement of wheat to other provinces, particularly the NWFP.

It said the Punjab government was not empowered to pass the order under Section 144 CrPC. It said ban on the movement of wheat was in violation of fundamental rights guaranteed under the constitution's articles 8, 9, 18 and 25.

It said the ban had made millions face food shortage and thousands of people associated with the business might become jobless. A large number of mills associated with the association had closed down and others were on the verge of closure because of non-availability of wheat, the petition said. The association asked the court to prohibit the Punjab government from imposing such orders in future.