Staff Report
ISLAMABAD: The Supreme Court (SC) on Monday issued notices to the parties in the case of fine imposed on 72 sugar mills and adjourned the hearing of the case until next Thursday.
A three-member bench headed by Chief Justice of Pakistan Yahya Afridi heard the review petition of the Competition Commission against the decision of the two-member bench. Competition Commission lawyer Asma Hamid said in her arguments that the Supreme Court remanded the matter to the tribunal instead of the commission.
The Chief Justice of Pakistan remarked that if there is only this much request in your appeal, then we will make the order.
Justice Shakeel Ahmed said that we will decide only after hearing all the parties. The Chief Justice remarked that cases remain pending in the Competition Commission for years.
Four members of the Competition Commission heard the case of the petitioner Sugar Mills, in which the Chairman and one member imposed fines while the other two members declared the show cause notice null and void and ordered a re-inquiry.
Since the decision was tied by two members, the Chairman had the power of casting a casting vote under Section 24(5) of the Act.
The petitioners approached the concerned tribunal, which ordered a re-hearing of the case within 90 days and a decision. An appeal was filed against this decision in the Supreme Court.
The Supreme Court ruled that the Chairman’s involvement in the quasi-judicial proceedings and then casting a casting vote again amounted to a double vote. The court clarified that Section 24(5) can be used only on the administrative side, and
the tribunal will hear the case and decide within 90 days
