Price control measures: Centre, Punjab asked to follow court orders in the absence of relevant law

LAHORE: The Lahore High Court (LHC) on Tuesday directed the Punjab and the federal governments to keep following its directions to control the prices of the essential commodities even if there was any legal lacuna or absence of the relevant law.

Justice Shahid Jamil Khan was hearing public interest petitions filed by Judicial Activism Panel (JAP), a self-styled public interest forum founded by Advocate Azhar Siddique and others.

Punjab Advocate General Khalid Ishaq stated that the provincial government had taken various steps under the law and on the court directions to control the commodities’ prices.

However, he said, the government stopped the enforcement of the price control law after a division bench of the LHC struck down the Price Control Prevention of Profiteering and Hoarding Act 1977 as ultra vires of the federal legislature.

He explained that in the presence of the judgment against the 1977 Act no law existed to enforce the price control mechanism.

The Punjab advocate general and federation’s Deputy Attorney General Asad Ali Bajwa admitted before the court that providing essential commodities on controlled and affordable price was the constitutional duty of the both governments.

Justice Khan observed that the enforcement of fundamental rights and protection of the Constitution was the primary function of a high court under the Constitution and the judges’ oath.

“Article 199(2) of the Constitution gives unabridged power to this court for enforcement of fundamental rights under Chapter 1, Part II, which is subject only to the Constitution, not law,” the judge asserted.

Both law officers told the court that they had instructions from the relevant governments to challenge the judgment of the division bench before the Supreme Court.

The judge noted that the enforcement of the fundamental rights cannot be abandoned till a decision by the apex court on the governments’ appeals.

The judge ordered the federal and provincial authorities to continue following the directions of the court for controlling the essential commodities’ prices even if there was any gap or absence of the relevant law.

The judge adjourned the hearing till Nov 16.

Published in Dawn, November 1st, 2023