2011 PLP 3087 (YLR)

IJAZ AHMAD, J.

Through this Intra-Court Appeal, the appellant impugns the order dated 28-3-2011, passed by the learned Single Judge of this Court in Writ Petition No.2040 of 2011.

2. The appellants issued a proclamation for the public auction of the damaged wheat. The successful bidders sold it in the open market. Some of it was fed to the cattle. According to the news that appeared in the daily newspaper "fang" dated 10-2-2011, buffaloes in Karachi and Faisalabad died on account of the consumption of the said wheat. One Abdul Razzaq sent the sample of wheat to the Nuclear Institute for Agriculture and Biology (NIAB), Faisalabad. The sample was subjected to Aflatoxins Testing. The sample was declared not fit for human or animal consumption vide analysis report dated 23-12-2010. The respondent Naeem Sarwar filed Writ Petition No.2040 of 2011 praying that the appellants be directed to destroy the damaged wheat. The agreement signed to be declared void. This Court through the impugned order accepted the petition, set aside the agreements regarding the rotten and poisonous wheat and directed the Government of Punjab to invite restricted bids from the brick-kiln owners only and to arrange its disposal by burning in the brick-kilns.

3. It is contended by the learned A.A.-G. appearing for the appellants that the petition was not maintainable as the petitioner was not an aggrieved person; that the wheat could be used for consumption by the animals without exposing them to any serious health hazard and it could be so done it' the public at large was given a chance to participate in the auction; that restricting the bids to the brick-kiln owner, will cause huge financial loss to the Government.

4. We have heard the learned counsel for the appellants and also gone through the record.

5. In case of the litigation, pro bono publico, a very strict interpretation of the term, an aggrieved person is not appreciated. Any person interested in performance of the functions by the concerned authorities in a lawful manner, may move the Court. This objection of the learned counsel is repelled. The Nuclear Institute for Agriculture and Biology (NIAB) is a Government run Institute. It has the most sophisticated and accurate lab for the purposes of analysis. The Aflatoxins Testing report reveals that the sample is unfit for human and animal consumption. The learned A.A.-G. while appearing on behalf of the respondents in the Writ Petition had himself suggested that the safest way of utilizing the said damaged wheat was that it should be burnt in brick-kilns. The learned A.A.-G. under the instructions from Secretary Food had himself informed that in fact the condition of damaged wheat had deteriorated to such an extent that it could not be used for mixing with undamaged wheat to make it safe for human consumption and even was not fit for animal consumption. The learned A,.A.-G. at that time, also could not refute the fact that many flour mills were grinding the stale bread and other such like injurious materials to be mixed with the flour and neither any serious action was taken nor was it possible against them.

6. Once the damaged and rotten wheat is in the hands of greedy millers who are already mixing various dangerous and toxic items in the edibles, there is every chance that they would be grinding and mixing rotten and poisonous wheat with the flour sold for human consumption. In case, the appellants or any executive machinery in order to save its poor subjects from health hazards,' wants to nip the evil, it has to be done at the source and at the terminal, simultaneously. Once the dangerous toxicant material is allowed to reach the hands of profiteers, the latter cannot be expected to sell it for animal consumption only or for any less dangerous and less profitable purpose.

7. The conservators pondering to save from the poachers, some wildlife species like the Rhinos and the Elephants, already at the verge of extinction, from being extinct altogether, ordered that their horns and the, ivory, Tons & Tons in quantity worth billions of dollars,' that had been seized by the guards be burnt to ashes. This was an endeavour to nip the vice at the source. It was also ordered that the ornamental tropies and the aphrodisiacs produced from these items, where ever they are lying on the planet be seized and destroyed forthwith. This was an effort to squash the evil at the terminal point. Working in the same lines, the damaged wheat should have been destroyed before its delivery to the successful bidders. It should also have been seized and recovered from the consignees and the flour millers.

8. Already a lenient view has been taken and the appellants have been allowed to auction the same by restricting the bids to the brick-kiln owners only. The appellants are not perhaps aware of the fact that human beings are occupying a special place in the food chain. The grains are at C the lowest tier, the birds and the animals at the next higher and the man, .the last consumer is at the apex. The toxic particles travel up ward and end up in the human body to bring a catastrophe to its metabolism. The appellants are insisting to sell the toxic wheat through an open auction. They are dying for higher sale proceeds and their subjects will become the prey to their greed. The attitude of the government functionaries is highly deplorable. This appeal is devoid of any force. It is dismissed with usual costs throughout. They have to the burdened with special costs as well. But the appellant functionaries by their tradesman attitude do not deserve the imposition of the costs that would befit their status and authority. A cost of Rs.100 is imposed on appellants that should be paid to the respondent who has shown a high degree of responsibility, consciousness and sensitivity. His action is lauded. Intra Court Appeal dismissed. M.H./G-49/L