2014 PLP 329 (SCMR)

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.

These proceedings were initiated upon a letter dated 19-10-2013 addressed to the Chief Justice of Pakistan by Mr. Liaquat Baloch, Secretary General, Jamat-e-Islami stated therein as follows:-- The above letter was ordered to be registered as Constitution Petition No.52 of 2013 and was fixed for hearing in Court. Subsequently notices were issued to Ministry of Industries and Production and Ministry of National Food and Security, Government of Pakistan.

2. In response to the notices the said Ministries have submitted replies through their respective CMAs. It has been submitted on behalf of the Ministry of Industries and Production that the flour Mills are in private sector and wheat to these Mills are being supplied by the provincial governments and the present price hike of Ata/flour does not pertain to the said Ministry. We observed that under the Rules of Business the Ministry of Industries and Production is responsible for keeping a watch from the national angle, over general price trends and supply position of essential commodities; price and distribution control over items to be distributed by statutory orders between the Provinces. As far as the reply received from the Ministry of Food Security and Research Division is concerned, it contained that the Ministry has announced support price of wheat as Rs.1,200 per 40 k.g. for the year 2012-2013 after consulting with the Agriculture Policy Institute and with approval of the Economic Coordination Committee of the Cabinet vide its decision dated 26-11-2012.

3. The learned Additional Attorney-General stated that the Government has announced incentive price of wheat as 1200 per 40 k.g. and due to inflation, price of wheat is increasing day by day. Mr. Aamir Malik, learned counsel for the petitioner stated that he himself has purchased wheat from open market at the cost of Rs.48 per k.g. Mr. Tausif Asif, learned Advocate Supreme Court has contended that it is not possible for a person having meager resources of earning to provide bread to their children/family members due to unprecedented price-hike of wheat. He has also referred to the following extracts from the newspaper 'Daily Times' dated 6th October, 2013:-- "Chaki flour rate to reach Rs.50/kg in near-term During the past one year, rates have increased by 50% to Rs.48 per kg. During the past one year chakki flour rates have increased by Rs.16 per kg or 50 per cent to Rs. 48 per kg as against Rs.32 per kg. Despite being a local yield, frequent increase and pushing wheat and flour to record rates speaks volume of government's involvement in making windfall profit at the cost of the poor masses. As a consequence to the highest rates of wheat in the open rates, chakki flour was sold at an exorbitant price of Rs.47 to Rs. 48 per kg and ex-mill at Rs.41 to Rs.42 per k.g". Learned Additional Attorney-General stated that it is job of the provincial governments to control prices in terms of The Price Control and Prevention of Profiteering and Hoarding Act, 1977 read with Foodstuffs (Control) Act 1958 which is applicable to all the Provinces. There is no doubt that food security has to be ensured by the Federal Government and for this purpose a Ministry in the name of National Food Security and Research has been created and this Ministry has fixed the price of wheat as Rs. 1200 per 40 k.g. for the year 2012-2013 meaning thereby that ordinarily at the cost of Rs.30 per k.g. wheat shall be made available and the Provincial Governments are also duty bound to ensure that the wheat/Ata is supplied and being sold at the subsidized rates. Section 3 of the Foodstuffs (Control) Act, 1958 confers powers upon the Government to control supply, distribution etc. of foodstuffs. It appears that this provision of the law is not being adhered to. Similarly, under the Price Control and Prevention of Profiteering and Hoarding Act, 1977, fixation of the prices is to be dealt with by the Federal Government but it seems that no such exercise has been undertaken by the Federal or Provincial Governments under the relevant provisions of law. It may be noted that the Provincial Governments are duty-bound to control all the prices of foodstuffs without any discrimination. We understand that presently there is a loose check on the profiteers and hoarders and the same is only possible by adopting a mechanism by the respective Provincial Governments by taking stringent steps otherwise it would be beyond the capacity of an ordinary labourer to provide bread to his family including children and old persons.

4. It is also to be noted that under Article 38 of the Constitution of Islamic Republic of Pakistan it is responsibility of the State to secure the well being of the people by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and to make adequate livelihood with reasonable rest and leisure. Clause (d) of the same provides that the State shall make available basic necessities of life, such as food, clothing, housing, education and medical relief for all such citizens irrespective of sex, caste creed or race. But, prima facie, it appears that no such mechanism has been adopted so far by the Government in this respect.

5. Under the circumstances, we allow this petition. Copy of this order be sent to the Federal Government through Ministry of National Food and Research Division, Chief Secretaries of all Provinces, Commissioner ICT with directions to take necessary measures to make sure availability of the wheat/flour and other foodstuffs to the public at the controlled/subsidized rate and to curb hoarding and profiteering and to make efforts for alleviating difficulties of the citizens/general public by ensuring application of Article 38 of the Constitution in letter and spirit. They shall take necessary steps without any further delay and outcome of the meetings convened for the purpose and other steps taken in this behalf shall be intimated to the Registrar of this Court within 15 days for our perusal in Chambers. The petition is disposed of in the above terms. MWA/C-20/SC Order accordingly.