The Supreme Court on Tuesday issued notices to all parties in the case involving penalties imposed on 72 sugar mills and adjourned the hearing until next Thursday.
The hearing was held on a review petition filed by the Competition Commission of Pakistan (CCP) against an earlier decision of a two-member Supreme Court bench. A three-member bench headed by Chief Justice of Pakistan Yahya Afridi took up the matter.
During the hearing, counsel for the Competition Commission, Asma Hamid, argued that the Supreme Court had remanded the case to the tribunal instead of the commission. She requested that the wording of the order be amended to state that the Competition Commission, rather than the tribunal, should hear the case.
Responding to the argument, the Chief Justice remarked that if the request was limited to that extent, the court could pass an appropriate order. However, Justice Shakeel Ahmed observed that the court would hear all parties before reaching any conclusion. The Chief Justice also noted that cases before the Competition Commission often remain pending for years.
The case stems from proceedings before the Competition Commission, where four members heard the matter involving the sugar mills. The chairman and one member imposed penalties, while the remaining two members set aside the show-cause notices and ordered a fresh inquiry. With the decision split evenly, the chairman exercised a casting vote under Section 24(5) of the Competition Act.
The sugar mills later approached the relevant tribunal, which directed that the case be reheard and decided within 90 days. The tribunal’s decision was subsequently challenged before the Supreme Court.
In its earlier ruling, the Supreme Court held that the chairman’s participation in quasi-judicial proceedings and then exercising a casting vote amounted to a double vote. The court clarified that Section 24(5) could only be applied in administrative matters and directed the tribunal to decide the case within 90 days. The court has now adjourned the hearing after issuing notices to the concerned parties.
