ISLAMABAD: The Supreme Court on Monday issued notices to the parties in a matter pertaining to imposition of fines on 72 sugar mills.
A three-member bench headed by Chief Justice Yahya Afridi and comprising Justice Shahid Bilal Hassan and Justice Shakeel Ahmad heard the review petitions filed by the Competition Commission of Pakistan (CCP). The court declared that a decision would be issued only after hearing the stance of all parties.
The CCP counsel argued that the Supreme Court had remanded the matter to the tribunal instead of the commission, whereas they wanted the order to include wording that the case be heard by the commission rather than the tribunal.
The chief justice remarked that if this was the only request in the appeal, the court could issue such an order. However, Justice Shakeel stated that the court would decide only after hearing all parties. During the hearing, Justice Yahya observed that cases remain pending before the CCP for years.
Meanwhile, the court adjourned the hearing until Thursday. It is pertinent to mention here that the CCP chairman and three members had heard the stance of the sugar mills. The chairman and one member imposed fines on the sugar mills, while the other two members set aside the show-cause notices and ordered a fresh inquiry.
As the decision resulted in an equal split of votes, Section 24(5) of the Competition Commission Act was applied, under which the chairman has the authority to cast a decisive vote in the event of a tie.
The aggrieved parties challenged this decision before the relevant tribunal, which remanded the matter back to the commission with directions to rehear the case and decide it within 90 days.
The petitioners then filed an appeal before the Supreme Court against that decision, which was heard by a two-member bench headed by Justice Aamer Farooq and comprising Justice Shakeel Ahmad.
In its judgement, the court held that the chairman’s participation in quasi-judicial proceedings and then casting a decisive vote amounted to a double vote. The court clarified that Section 24(5) of the Competition Commission Act could be exercised on the administrative side. In light of these directions, the tribunal was instructed to hear the case and issue a decision within 90 days. The CCP subsequently filed review petitions against this judgement.
