Supreme Court directs tribunal to decide 72 sugar mills fine case within 90 days

ISLAMABAD (Dunya News) – The Supreme Court, while hearing a petition filed against the Competition Commission’s decision regarding fines imposed on 72 sugar mills, ruled that the tribunal must hear the case and deliver its verdict within 90 days.

A three-member bench of the Supreme Court, headed by Chief Justice Yahya Afridi, issued notices to the parties after the hearing and adjourned further proceedings until next Thursday.

Counsel for the Competition Commission, Asma Hamid, requested the court to include wording in its order allowing the commission to hear the case. The Chief Justice remarked that if this was the only relief sought in the appeal, the court would pass the order accordingly.

Justice Shakeel Ahmed observed that the court would decide the matter only after hearing all parties.

Earlier, four members of the Competition Commission heard the case filed by the petitioner sugar mills. As a result, the chairman and one member imposed fines, while the remaining two members set aside the show-cause notices and ordered a fresh inquiry.

As the decision was split evenly between two members on each side, the chairman exercised a casting vote under Section 24(5) of the Competition Commission Act.

The petitioners then approached the relevant tribunal, which directed that the matter be reheard and decided within 90 days. An appeal against this order was filed in the Supreme Court, where the case was heard by the Chief Justice along with Justice Aamer Farooq and Justice Shakeel Ahmed.

The Supreme Court held that the participation of the Competition Commission chairman in quasi-judicial proceedings and the subsequent exercise of a casting vote amounted to a double vote.

The apex court clarified that Section 24(5) can only be applied at the administrative level and reaffirmed that the tribunal must hear the case and issue its decision within 90 days.