IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD.
(Original Jurisdiction)
Constitutional Petition No. of 2012.
Communist Party of Pakistan,
Through its Central Chairman:
Engineer Jameel Ahmad Malik,
Communist Party Secretariat,
1426-Fateh Jang Chowk,
Attock Cantonment.
.........Petitioner
Versus
1. Federation of Pakistan through the Secretary Ministry of Petroleum and National Resources, Government of Pakistan, Islamabad.
2. Oil and Gas Regulatory Authority (OGRA) through its Chairman, 54-B, Old ZTE Plaza, Fazal-e-Haq Road, Blue Area, Islamabad.
3. All Pakistan CNG Association through its Central Chairman Mr. Ghiyas Abdullah Paracha, House No 229-B, Street No 35, Khurshid Market F-10/1, Islamabad.
4. Pakistan People’s Party through its Secretary General Senator Jehangir Badar, House No. 1, St No. 85, G-6/4, Islamabad.
5. Sindh CNG Association through its President, 37-H, Block-6, PECHS, Karachi.
……… RESPONDENTS
A Constitution Petition under the Article 184(3) read with the Articles
3 and 38(a) of the Constitution of the Islamic Republic of Pakistan 1973,
to the effect that the Respondents No. 1 to 5 be declared to be responsible
for the recent CNG crisis and that it is an eminently fit case for
nationalization of all 3125 CNG Stations in accordance with the basic
manifesto of PPP written by Shaheed Zulfiqar Ali Bhutto so as overcome
CNG crisis once for all times and accordingly, a direction for nationalization
of all these CNG Stations may kindly be given to the Respondents No. 1, 2 and
4 or alternatively, an appropriate orders as deemed fit in the current situation
and scenario of CNG crisis as created by CNG mafias may kindly be passed and
also direct the concerned and necessary Respondents No. 1, 2 and 4 to do anything,
they are required by law to do.Respectfully Sheweth,
That the aforesaid Constitutional Petition under the Article 184(3) of the Constitution of Pakistan, 1973 read with Articles 3, 9,17, 18, 38 and Section 8 of the Oil and Gas Regulatory Authority Ordinance, 2002 is being filed by the petitioner on the points of law, facts and grounds, as narrated, herein as under:-
POINTS OF LAW:
A. Whether in a case when CNG crisis was created artificially by the CNG Stations owners to mint more and more money at the cost of downtrodden and public at large in collaboration with the Oil and Gas Regulator Authority (OGRA) and Ministry of Petroleum and Natural Resources, the nationalization of all these 3125 CNG Stations as per basis manifesto of PPP written by Shaheed Zulfiqar Ali Bhutto will overcome the CNG crisis for all the coming times? Is this view of the petitioner is tenable, sustainable, legal and in accordance with law or otherwise?
B. Whether in a country like ours where unfortunately majority of the CNG Stations are owned by the Parliamentarians of the Ruling Party and Opposition Parties and rich people, the CNG mafias are free to fix any price of CNG in collaboration with the OGRA they like and there is no check either of Federal Governments or OGRA on their prices and in such a circumstances and scenario, how it can be urged that the Supreme Court of Pakistan being a neutral referee has wrongly fixed the price of CNG at the price of CNG in Region 1 was Rs.64.61 per kg while in Region 2 it was Rs.54.16 per kg. Region 1 includes Khyber Pakhtunkhwa, the Potohar region and Balochistan province while Region 2 comprises Punjab and areas of Sindh. The CNG barons cannot be judge in his own cause. Is this view of the petitioner is legal and correct?
C. Hoarding, unlawful strike of CNG Stations and artificial price hike are the worst forms of exploitation and under Article 3 of the Constitution of Pakistan, 1973, the State shall ensure the elimination of all forms of exploitation whereas in a present CNG crisis the OGRA and State has acted totally adverse and violated the Articles 3 and 38. Whether in a case when the State (Respondent No.1) is a party to that exploitation with the CNG mafias, what are its legal consequences and implications viz a viz Articles 3 and 38 in the current political scenario and can the Respondents No. 1 to 5 be held responsible and accountable in accordance with law?
D. That as per Article 3, it is the responsibility of the Respondents No. 1, 2 and 4 that “it shall ensure the elimination of all forms of exploitation.” Is not exploitation that CNG barons have now closed the CNG Stations on one pretext or the other? If this is not exploitation what else is than the exploitation? Whereas it is duty of the State, OGRA and Respondent No. 4 to ensure the elimination of all forms of exploitation including hoardings, un-lawful strike and price hike but the State, OGRA and Respondent 4 has badly failed in this context. Is this view of the petitioner is correct and legal?
E. Under Article 184 (3) not only an aggrieved person but any person can knock the doors of Supreme Court and question of locus standi or on the right forum is thus not attracted if a question of public importance with reference to the enforcement of any of the Fundamental Rights is involved. Supreme Court is the right forum under Articles 3, 9,17, 18 and 38 and if Supreme Court abstains from doing what is lawful and right, the Article 3 than becomes totally nugatory and redundant and this is against the basic spirit of the Constitution of Pakistan, 1973. Is this view of the petitioner is legal and correct?
F. Whether the interpretation of Article 3 and 38 of the Constitution of Pakistan, 1973 is the responsibility of the Supreme Court of Pakistan or the Parliament?
FACTS OF THE CONSTITUTIONAL PETITION:
1. That this is a public interest petition.
2. That the petitioner is a political party established in almost every country of the world. In some parts of the world, the Communist Party is a ruling party and in the rest of the countries, it is opposition of the ruling party. Its basic manifesto is to have socialism based on the ideology of Karl Marx, who was a German philosopher, political economist, historian, political theorist, sociologist, communist and a great revolutionary of all era. Communist Party of Pakistan (CPP) under its subjective condition is in the political arena for the social change, free from exploitation of man by man and is working for the welfare of the downtrodden and poor masses. The Central Committee of the CPP in its meeting on 2nd December, 2012 unanimously resolves and decided to file the petition on the current CNG crisis in the Supreme Court. Accordingly, the CPP files this petition through its Central Chairman, Engineer Jameel Ahmad Malik.
3. The recent hike in CNG price and crisis of CNG by CNG mafia has made the life of downtrodden and public at large very miserable. The Supreme Court of Pakistan intervened and fixes the price of Rs. 54.16 and 61.64 per kilogram but the CNG Stations owners represented by their Associations (Respondents No. 3 and 5), Federal Government (Respondent No. 1), and OGRA (Respondent No. 2) are defying the orders of the Supreme Court on one pretext and the other.
Refusing to abide by Supreme Court prescribed prices of CNG; gas stations were shut in major cities throughout the country, hindering everyday transport across the country.
A few Privately-operated CNG stations, however, remained open. Long queues of motorists were observed outside these stations which blocked traffic flow on key roads. Hundreds of passengers in Lahore, Peshawar, Karachi and Rawalpindi were gathered at bus stops as bus services remained suspended due to CNG shortage.
The CPP feels that the best course to overcome the CNG crisis for all coming times is to nationalize all these 3125 CNG Stations as reported on the website of All Pakistan CNG Association at http://apcnga.org/CNG_List.pdf in accordance with the basic manifesto of Pakistan People’s Party (Respondent No. 4) written by Shaheed Zulfiqar Ali Bhutto or alternatively, an appropriate order as deemed fit in the current situation and scenario of CNG crisis as created by CNG Station owners represented by their Associations cited as Respondents No. 3 and 5 may kindly be given on the following facts and grounds as detailed herein as under:-
(a) The Right-wing Political Parties and forces stand for capitalism, discriminatory laws, and collude with imperialism. Right-wing struggles against anything that enables mankind to progress. They want to reverse the wheel of history. Though hiding themselves in progressive slogans, the right-wing has no problem with a dictatorship if it carries forward their regressive agendas. The right-wing has always been the foremost enemy of the rights of women, oppressed nations, and progress of the country. In Pakistan, the right-wing represented by political parties in current Parliament has historically aligned themselves dictatorship and Imperialism against the rights of the working classes. Right-wing forces those are not only supportive of neo-liberalism but also of reactionary and discriminatory laws against women, minorities and working people.
(b) The Left-wing Political Parties and forces mostly stand for socialism. Left-wing struggles for the rights of the oppressed masses against the oppressors. Their major demand are peoples’ democracy, secularism, land-reforms and independence from Imperialism, equal rights and opportunities for women, minorities, oppressed nations, and most importantly the emancipation of the workers and peasants. We stand for progress of humanity for a system where the exploitation of humans by humans can be done away with. In Pakistan, the left-wing has always stood with and sacrificed for the cause of the working masses for their rights.
(c) That Pakistan People’s Party (Respondent No. 4) which at the present moment is the main partner in the coalitions at the Federal Government level with Awami National Pary, MQM and Pakistan Muslim League (Q) and the Province of Sindh and Baluchistan whereas as in Pakhtoon Khawa Province, they are in coalition with Pakistan Muslim League (Q) and Awami National Party.
The PPP was launched at its founding convention held in Lahore on November 30 – December 01, 1967. At the same meeting, Zulfiqar Ali Bhutto was elected as its Chairman. Among the express goals for which the party was formed were the establishment of an “egalitarian democracy” and the “application of socialistic ideas to realize economic and social justice.” The Party also promised the elimination of feudalism in accordance with the established principles of socialism to protect and advance the interests of peasantry. In General Elections held in December 1970. The PPP contested these elections on the slogans of socialism that is “ROTI, KAPRA AUR MAKAN” (bread, clothing and shelter) and “all power to the people.”
The Pakistan People’s Party Manifesto of 1970 was written by Zulfiqar Ali Bhutto himself. The background as to why Article 3 was incorporated in the Constitution of Pakistan, 1973 is highlighted in the PPP Manifesto of 1970. Some salient features of PPP manifesto are highlighted as under, which has even now a direct relation with the CNG crisis being faced by the whole nation today and it also elaborates the background as to why Article 3 was incorporated in the Constitution:-
“All production of wealth is the result of human labour. Exploitation in capitalist society depends on the possession of the means of production by the capitalist. In big industries the capitalist plays no nationally useful role, but collects his profit and exploits the labour of others, for his factories are run by technicians, his goods are produced by the labour of the wage-earners, and even the direction of an enterprise need not be the factory owner’s. In Pakistan, the concentration of wealth is so excessive that the benefits of industrialization are being passed on neither to the wage-earners nor even to the greater part of the middle classes who constitute the salary earners and professional men with high educational qualifications, such as government officials, except through corruption. The necessary services of education and health, housing and public amenities, are being neglected because the surplus value of production is going into the pockets of the exploiters or spent for administration and defence, and therefore little is available for the general welfare of the nation. The evil is inherent in the system. Taxation tricks, petty reforms, moral exhortation, are subterfuges to deceive the people for preserving the system intact.
All major industries will be nationalized. This will mean taking over into the public sector textile and jute mills over a certain production capacity. In private ownership these have been the sources of excessive profits, inefficient production, and wastage of resources and unhindered exploitation of workers.
In the public sector will be not only the large-scale production of electrical power but also all other sources of energy supply – namely, nuclear material, gas, oil and coal.
All exploitation of mineral wealth, both mining and ore-processing, will be in the public sector.
The public sector will completely contain the following major means of public transport, railways, shipping and airways and airways. It will also take over public road transport, whether of passengers or goods, when it is necessary to run it on a large scale. A special concern will be the conveyance of workers and employees between their homes and their places of work.
Large-scale export trading, such as of jute and cotton, will be conducted by-state corporations.
The possession of money institutions in the hands of private parties is the source of exploitation which uses national wealth and private deposits to create money for the financing of monopoly capitalists. All big industries have been set up entirely on bank loans, which means, on the money of the depositors. Such loans can be said to have been the misappropriation of public money by the bankers. To this short of abuse, which is inherent I any system where banks are in private hands, there has been added the control of banks in cartels belonging to industrial families.
Unless the State takes hold of all the banks by making them national property, it will not be able to check inflation. The State’s financial policy is at present a prisoner of the bankers.
All banks and insurance companies will be forthwith nationalized.
The whole policy and dishonest methods of bonus vouchers, tax holidays, and so on, will be unnecessary as more than 80% of the industrial sector will not be in private hands. The self financing of industries will be genuinely from surplus value of production and not, as often as at present, at the expense of the consumer and tax payer.”
(d) In July 1977 when General Zia-ul-Haq illegally and unlawfully took over the Government by force, he reversed the Nationalization initiated by Shaheed Zulfiqar Ali Bhutto and accordingly three units namely Ittefaq Foundary, Nowshera Engineering and Hilal Vegetables were returned to the previous owners while cement and fertilizers which were the monopoly of the Government were opened to the private sector. Vegetable Ghee Denationalization Order was promulgated to denationalize cooking oil factories.
However, the Nationalization policy of PPP first Chairman Shaheed Zulfiqar Ali Bhutto was reversed by the Privatization policy bit by bit by the successive regimes on one pretext or the other. So much so, the daughter of Zulfiqar Ali Bhutto, Shaheed Benazir Bhutto in 1989 on the advice of the IMF-World Bank, the privatization of state-run units in Pakistan began, when she was in power and even now, the PPP party in power now led by its Chairman Asif Ali Zardari is following the Privatizations policy in contrary to Shaheed Zulfiqar Ali Bhutto Manifesto of Nationalization. The Privatization Policy is in fact a ‘LOOT MEELA POLICY’ for all rulers of our country irrespective who they are.
The main thrust for privatization is the belief that private sector units are more efficient than public sector units. This is not true across the board. On the other hand it is often claimed that due to political interference and over-staffing, the efficiency of the public sector units is reduced.
In Pakistan, the net beneficiaries of privatization are always the global vested interests and their local agents and henchmen who get hefty commissions and kickbacks for these shady deals while the net sufferers are the poor people of Pakistan and this was what exactly held in a very clear terms and without any ambiguity by the nine members Bench of the Supreme Court of Pakistan headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in a well known and celebrated judgment of Steel Mills Karachi case.
4. Now the other aspects of this story, which is prevailing on the ground about the CNG crisis by the CNG mafias cited as Respondents No. 3 and 5, are narrated date wise so as to place a clear picture before the Apex Court. The details of all these events with following facts are as under:
(i) That on 25-10-2012, the Supreme Court declared the Rs.20/- per kilogram operating cost and the Rs.10/- linkage with the petrol charge in the price of CNG illegal and directed the Oil and Gas Regulatory Authority (Respondent No. 2) to implement the July 1, 2012 prices with immediate effect.
The court also directed the OGRA chairman to determine the price of gas after abolishing the profit of Rs.30/- illegally being charged as operating cost and the linkage with the petrol prices.
The secretary petroleum further informed the court that the price would be brought, with immediate effect, to the level that was fixed for the CNG sector subsequent to the determination of the price by OGRA for six months beginning July 1, 2012.
On July 1, 2012, the price of CNG in Region 1 was Rs.61.64 per kg while in Region 2 it was Rs.54.16 per kg. Region 1 includes Khyber Pakhtunkhwa, the Potohar region and Balochistan province while Region 2 comprises Punjab and areas of Sindh.
The secretary petroleum told the court that the Memorandum of Understanding (MOU) through which the government and CNG Associations (Respondents No. 3 and 5) had agreed on a formula for the operating cost of CNG stations would immediately be suspended and OGRA would develop a new formula after seeking full information about the availability of gas, linkage with alternate fuel, discussion with all stakeholders and after scrutiny of audited accounts of CNG stations as per the rules.
OGRA Chairman Saeed Ahmed Khan told the court that in Region 1, the government has fixed the CNG price as Rs.19/- per kg while in Region 2 it has been fixed as Rs17.55 per kg. He said that the CNG station owners are being paid Rs.20.80 per kg as operating cost. He said the profit of CNG station owners is Rs11.20 per kg.
The court asked the OGRA chairman under what law the operating cost is being paid to the CNG station owners besides the profit.
Saeed Ahmed Khan, however, could not give a satisfactory response.
Chief Justice Mr. Justice Iftikhar Muhammad Chaudhry observed that the prices of gas could not be linked with that of petroleum products and under the law any profit could not be made beyond a limit.
He further observed that CNG sale is one of the most profitable businesses in the country and Rs.9 million is being collected as a bribe to issue licences for setting up a CNG station.
The court noted that the regulator, in exercise of its powers under Section 8 (1 and 2) of the OGRA Ordinance, 2002 was obliged to determine the estimate of total revenue requirement of each licensee for natural gas engaged in transmission, distribution and sale of natural gas to a retail consumer in accordance with rules. And on the basis of such advice the federal government will prescribe price of natural gas for each category of retail consumer for natural gas under Section 8(3) of the ordinance. Therefore, there must be a rationale for charging the difference.
Although the petroleum secretary pleaded that the surcharge being deducted had a legal sanction under Section 8(5) of the ordinance, he sought time to study the aspect pointed out by the court and reach an acceptable conclusion.
The Court adjourned the matter to November, 1 and directed the OGRA chairman to fix the price of CNG after taking into consideration the written statement filed by the government as well as discussion made hereinabove.
(ii) That on 1-11-2012 the Supreme Court ordered to retain the existing prices of CNG and directed chairman of the Oil and Gas Regulatory Authority (Respondent No. 2) to keep them intact till the next hearing of the case on November 19.
In compliance with the court’s earlier order, OGRA presented a new formula for CNG pricing. According to the new formula, OGRA has proposed a rise in CNG prices by Rs.4.81 per kg in Region-1 (Potohar, KP and Balochistan) and Rs.3.85 per kg in Region-2 (Punjab and Sindh). OGRA has changed the name of operating cost to production cost.
Similarly, it has also reduced the production cost to Rs.5.75 from Rs.20.80 per kg and slashed the profit margin of the CNG stations to Rs.5.28 from Rs.11.80 per kg.
The court sought comprehensive report of domestic consumers, industries, IPPs, CNG stations and fertilizers with gas consumption from the secretary petroleum and chairman OGRA. The court directed managing directors of Sui Southern Gas Company Limited (SSGCL) and Sui Northern Gas Pipelines Limited (SNGPL) to submit report on measures taken to control unaccounted-for-gas (UFG) losses.
The court ruled that some mechanism has to be followed to control pilferage because losses have been paid by the consumers.
The court also directed the MDs of SSGCL and SNGPL to undertake an exercise by following procedure of forensic cost audit price of per kilogram/mmbtu in 15 days to assist the court on the question of price being paid by the consumers.
The MDs of the companies told the court that per kilogram price of gas in SSGPL is Rs.18.04 and SNGPL is Rs.16.48, saying OGRA has fixed such prices on October 27, 2012.
During the hearing, the chief justice remarked that the court wants that Petroleum Ministry take care of basic fundamental rights.
“It’s the matter of millions of consumers’ fundamental rights, therefore OGRA should satisfy the court that fundamental rights of the consumers are not being affected,” the chief justice observed.
Mr. Justice Jawwad S. Khawaja remarked that it’s the sole responsibility of OGRA to take care of consumers’ fundamental rights.
He further observed that the CNG Association has become a cartel and the government has signed agreements with it which means the government not only created a cartel but also recognized it.
Chief Justice asked the secretary petroleum to give an explanation over the statement given by Adviser to the PM on Petroleum and Natural Resources Dr. Asim Hussain, and remarked that his statement had criticized the court.
Dr. Asim had said that the petroleum mafia has kept the matter of petroleum policy pending on the court’s order.
The secretary petroleum told the SC bench that the case related to the petroleum levy is currently being heard in the Lahore High Court (LHC). Replying to this, the CJ instructed him to approach the court and request a prompt hearing.
The chief justice vowed that the court will not allow any mafia to rule in the country.
Meanwhile, the court also accepted the All Pakistan CNG Association’s (APCNGA) Respondent No. 3 request to become party in the case. Mr. Salman Akram Raja represented OGRA, Mr. Abdul Hafiz Pirzada represented the All Pakistan CNG Association and Mr. Waseem Sajjad appeared before the bench on behalf of the Sindh CNG Association. Mr. Abdul Hafiz Pirzada requested two weeks time to file a reply in the matter. Later, the court adjourned the hearing till November 19 and ordered to maintain the current CNG prices till the next hearing of the case.
(iii) That on 19-11-2012, the court directed the stakeholders to furnish a new price adjustment formula for CNG by December 5, Chief Justice of Pakistan said that court was there to check that no one looted people of their money.
A three-member bench of the apex court, headed by Chief Justice of Pakistan, heard identical petitions challenging the oil and CNG prices. The current prices of CNG will remain stable till December 5. The SC directed all the stakeholders to sit together and come out with an acceptable price formula to address the issue.
During the hearing, Oil and Gas Regulatory Authority Chairman Saeed Ahmed Khan rejected the audit report on CNG prices, saying that the maximum price of the gas should be Rs.74/- per kg.
He submitted that out of 350 companies only ten firms were audited and that the audit report suggested a CNG per kg price at Rs.84/- in the region-II, saying the rate should not be more than Rs.74/- per kg for region-II and Rs.64.72 per kg for region-I.
Salman Akram Raja, counsel for OGRA, while arguing before the court, submitted that OGRA regulated the price formula on the basis of a Memorandum of Understanding approved by the Economic Coordination Committee that was also withdrawn when the apex court found it illegal.
He, however, contended that at present affairs of the authority were being run on an ad hoc basis. He further submitted that in the absence of policy guidelines from the federal government, OGRA was determining prices on the basis of legitimate cost and fair return.
During the hearing, the chief justice pointed out that if OGRA was bearing all operational costs of CNG stations, including the electricity bill and profit margin, then what are the need to issue licences to the stations.
Salman Akram Raja submitted that 90 percent licences were issued during 2004-05. The chief justice appreciated the incumbent government when he was informed that after 2008, no CNG station was set up in the country.
Directing that all the illegal CNG stations be closed, the chief justice asked Raja to inform the court as to how many CNG licences were awarded on tenders and how many were allotted through illegal means. The counsel assured the court to provide the break-up on the next date of hearing.
The chief justice also directed the OGRA counsel to submit a year-wise breakup of CNG stations since 2002 and public land encroached in the name of these stations.
Raja told the court that a wrong impression is being created about gas shortage; however, he said that there is a severe energy crisis in the country, adding that 14 percent of SNGPL gas is being utilised by CNG stations, which is highest ratio in the world.
The chief justice asked the counsel to tell the government to formulate a unified policy in order to resolve the issue.
“Tell the government to make legislation and make the system transparent,” the CJ added.
Abdul Hafeez Pirzada, counsel for CNG stations owners, informed the court that prevailing price formula was not suitable as his clients were facing financial losses.
He told the court that 3,400 CNG stations were operating in the country from which 2,600 were established in the Punjab province.
He further submitted that as per auditor’s recommendations for price of CNG per kg should be at least Rs.74/- per kg, adding that as per OGRA’s version CNG owners is facing Rs.11/- loss per kg.
“There is no law, no rules, and no one, either the government or OGRA, has the authority to resolve the issue,” he submitted.
Mr. Pirzada contended that during last hearing, the petroleum secretary gave his assessment that Rs.20/- will be reduced per kg but later a notification of Rs.30/- was issued, while the government did not reduce its charges and taxes accordingly.
The chief justice, however, observed that the government should protect the rights of the consumers.
Mr. Wasim Sajjad, the counsel for CNG Association, Sindh chapter (Respondent No. 5), asked the court to direct OGRA to fix new prices. The chief justice said that the court will not go in the price fixation process as it is done by OGRA. The CJ said that the Supreme Court will watch that no one grabs more money from the people’s pockets. If some persons say that it is not the duty of the court then the people will continuously be getting looted. The government should be told that people’s worries are multiplying, he added.
The chief justice stressed OGRA to contact the government for issuance of policy guidelines for the purpose and informed the court over it.
Meanwhile, the court directed that all the stakeholders should sit together and come up with an acceptable price formula by December 5 which must be acceptable to all, including the consumers, and adjourned the hearing.
(iv) Motorists and commuters using public transport faced great difficulties now a days as gas stations across the country, bar a few, remained closed in protest against what their owners claim a “highly unreasonable” retail price of CNG that is causing them “massive financial losses”.
The gas stations remained shut even though the CNG associations had not officially given a strike call but underground, these strikes are being done on the instructions of the Associations (Respondents No. 3 and 5). To make things worse, the unofficial strike is apparently for an indefinite period. No date has been announced as to when the closed gas stations will reopen.
CNG stations in Karachi, Hyderabad, Jamshoro, Sukkur, Nawabshah, Larkana, Mirpurkhas, Lahore, Faisalabad, Sargodha, Multan, Rawalpindi, Islamabad, Peshawar, Haripur, Attock, Abbottabad, Mansehra, Quetta and other cities of the four provinces remained shut due to which people had to face severe difficulties.
Drivers of private owned transport in different cities of the country held protest demonstrations against the unofficial strike call by the CNG station owners. Unannounced CNG closure irked the rickshaw and taxi drivers who expressed their frustration and blocked the roads by parking their vehicles resulting in a massive traffic jams in many cities.
In Karachi, protesting the unofficial strike call by the CNG owners, the drivers of private owned transport blocked the MA Jinnah Road.
“Around 98 percent of the 298 CNG stations in Karachi remained shut to protest against the unjust retail price of CNG,” a senior office-bearer of the central CNG association told. “The majority of over 600 CNG stations in other parts of Sindh also remained closed.”
Massive queues of vehicles were seen at a few company-operated gas stations in the city that remained open. They included a gas station near Askari-IV; two along Sharea Faisal, one near Drigh Road and the other close to the PAF Base Faisal and one in Malir Cantonment. A very few public transport vehicles were seen plying the roads. The commuters, mostly on way to work, faced extreme difficulties in reaching their destinations.
The senior office-bearers of the central CNG association refused to give a specific date as to when would the owners of the closed CNG stations end their strike. At a few PSO-operated CNG stations in major cities, there were massive queues of vehicles. Drivers at these stations said that they had been waiting for turn for hours but due to low pressure and heavy rush, they do not know when their turn would come.
Meanwhile, Chairman All Pakistan CNG Association Ghayas Paracha (Respondent No. 4) falsely claimed that 4,000 gas connections have been cut off following their closure against low tariff. He falsely said that they want to continue their operation and provide CNG but “cannot pay from their own pockets”.
Chairman CNG Association Sindh Zone Sameer Gulzar falsely said the administration is now physically torturing the station owners to get the stations opened.
Meantime, the apex court has been moved by one other petitioner Mr. Zulfiqar Bhutta Advocate against the unannounced strike by the CNG stations, saying the decision to go on strike is contempt of court.
(v). The use of CNG is increased in every family whether rich or poor and by hike in price in CNG, rich peoples are not affected. It is only the poor and down trodden masses who are too much affected by the price hike of CNG.
(vi). The true fact is that the artificial CNG crisis was created by the underground policy of troika and here by troika the petitioner means Federal Government (Respondent No. 1), the OGRA (Respondent No. 2) and CNG Stations owners represented by their body associations cited as Respondents No. 3 and 5. The troikas in fact are responsible for hike in the CNG price and unfortunately this troika succeeded in increasing the CNG price to an abnormal status on the fake formula as agreed upon by the OGRA and Respondents No. 3 and 5 on the so-called MOU. The Apex Court very rightly intervened and the petitioner hopes that the interest of fundamental rights of the poor and downtrodden masses must be protested by the Supreme Court.
(vii). The All Pakistan CNG Association instead of complying with the orders of Supreme Court reacted in a way which in fact tantamount to the contempt of court. The different statements by Respondent No. 3 in print as well as on talk shows on TVs clearly predict that they are defying the orders of the Apex Court.
(viii). That the petitioner himself heard the talk show by the name DUNYA@8withmalick at Dunya News on the night of 27th November, 2012 in which the Advisor to Prime Minister on Petroleum Dr. Asim Hussain told the Anchor Muhammad Malick that CNG Stations Owners are very strong. He said that irrespective of political divide, the CNG barons belonged to both ruling as well as opposition political parties of the country and termed them “untouchables”. However, he said that “he would devise a mechanism to overcome the CNG crisis” but nothing concrete has been done till the filing of this Constitutional Petition.
5. This is the crux of the matter and the Advisor to PM on Petroleum Statement if read in between the lines, it clearly indicates that all the players of ruling and opposition is one and same to loot the downtrodden and public at large. Furthermore, none of the Ruling Elite as well in Opposition Parties are seriously interested to implement the decision of the Supreme Court dated 25-10-2012, 1-11-2012 and 19-11-201 which goes in favour of downtrodden, poor masses and public at large.
6. Keeping in view, what has been stated as above, the Respondents No. 1 to 5 totally failed to perform their functions and duties as entrusted to them vide Articles 3 and 38 of the Constitution of Pakistan, 1973 and in the interest of justice a time has now come wherein the Apex Court may kindly give a direction to the Respondents No. 1, 2, and 4 to immediately nationalize all the 3125 CNG Stations as per basic manifesto of PPP written by Shaheed Zulfiqar Ali Bhutto or alternatively, an appropriate orders which deemed fit in the current scenario for resolving the CNG crisis forever may kindly be passed by Apex Court, interalia on the following genuine
GROUNDS:
7. Accordingly this constitutional petition is filed on the following among other genuine grounds, interalia:-
(A) PURPOSE OF ARTICLE 3 IN CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973.
The Pakistan People’s Party (Respondent No. 4) along with others political parties after considering all pros and cons succeeded in giving the Constitution of Pakistan, 1973 to the nation. The 1973 Constitution is very crucial for the survival of the country. It is the only constitutional document ever to have been promulgated unanimously by each and every member of the National Assembly. Out of 200, 196 voted in favour of it. There were four abstentions, not a single vote of dissent against the passing of the Constitution in 1973.
In the document, the framers of the Constitution provided Article 3 in the Constitution of Pakistan, 1973 which reads as under:-
“3. Elimination of exploitation: The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work.”
The philosophy incorporated in this Article is basically based on the fundamental principle of socialism and this Article was specifically made in the Constitution so as to fulfill the commitment of socialism, which Pakistan People’s Party under the then dynamic leadership of Zulfiqar Ali Bhutto Shaheed, late Sheikh Rasheed Ahmad, late Mahmud Ali Kasuri, Meraj Muhammed Khan, Dr. Mubashar Hassan and many others activist of the PPP made during the election campaign in General Elections of 1970. The PPP won that election, which was against the establishment but pro-people and this Article like Article 6 of the Constitution of Pakistan has unfortunately not so far invoked in letters and spirits and the result is that the CNG Stations Owners represented by their Association Bodies as Respondent No. 3 and 5 are not only exploiting poor and down trodden masses by unlawful strike and hike in prices but they also not pay the wages to the working class from each according to his ability and to each according to his work. They always exploit the workers and don’t give them proper prices of their work in time nor do they even correctly weight their wages for payments. They always create artificial CNG prices for their benefits only. Almost, all the CNG Stations owners aimed at minting more and more money. The downtrodden masses and public at large of all the four provinces are facing CNG crisis, which has been artificially created by the CNG Stations owners represented by Respondents No. 3 and 5 in collaboration with the Federal Government (Respondent No. 1) and OGRA (Respondent No. 2) to unlawfully hoard the CNG and then sell it at the prices of their own choice and in this greed they have crossed all the limits of decency and morality. So much so, they don’t even now respect the law of the land and are openly disobeying the order of the Supreme Court in this context. Ofcourse, this tantamount to the contempt of Court. The Supreme Court should take notice of this indignity and contemptuous statements made by the Respondent No. 3 from time to time. This is regardless of how the Apex Court would decide this constitutional petition or the petition of the Respondent No. 3. However, the petitioner admits the right of the Respondents No. 3 and 5 for filing petition before the Supreme Court of Pakistan through their counsels but it doesn’t allow them to openly violate the order of the Supreme Court by unlawfully closing CNG Pump Stations on one pretext or the other.
That as per Article 3, it is the responsibility of the Respondents No. 1, 2 and 4 that “it shall ensure the elimination of all forms of exploitation.” Is not exploitation that CNG barons have increased the price of CNG in a Muslim States, which is against all the teachings of QURAN and SUNNAH. It would not be out of place to mention here that in secular countries, no abnormal price hike is seen as being done here in our country. The CNG Stations owners represented by the Respondents No. 3 and 5 deliberately exploited and minted millions of rupees as a profit. If this is not exploitation what else is than the exploitation? Whereas it is duty of the State (Respondent No. 1) and OGRA (Respondent No. 2) to ensure the elimination of all forms of exploitation including unlawful strike by CNG pump stations and price hike but the State and OGRA badly failed to do so.
For achieving the objective as maintained in Article 3, another Article 38 was also specifically incorporated in the Principles of Policy Chapter in the Constitution of Pakistan, 1973 which states that “The State shall : (a) secure the well-being of the people, irrespective of sex, caste, creed or race, 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 by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;” but it is sad to say that nothing concrete has been done by the Respondents No. 1, 2 and 4 in this context and in such a circumstances, the Apex Court is the last hope of the people of Pakistan.
(B) NO ONE CAN BE JUDGE IN HIS OWN CAUSE:
That there are 3125 CNG Pumps as reported on the website of All Pakistan CNG Association at http://apcnga.org/CNG_List.pdf in our Country. It is commonly known that majority of the CNG Stations belong to the Politicians inside outside Parliaments, sitting Ministers, Members of National and Provincial Assemblies, Senate Members, retired military and civil bureaucrats and the influential industrialists and rich people too. It would not be out of place to mention here that the petitioner himself heard the talk show by the name DUNYA@8withmalick at Dunya News on the night of 27th November, 2012 in which the Advisor to Prime Minister on Petroleum Dr. Asim Hussain told the Anchor Muhammad Malick that CNG Stations Owners are very strong. He said that irrespective of political divide, the CNG barons belonged to both ruling as well as opposition political parties of the country and termed them “untouchables”. However, he said that “he would devise a mechanism to overcome the CNG crisis” but nothing concrete has been done till the filing of this Constitutional Petition.
This is the crux of the matter and the Advisor to PM on Petroleum Statement if read in between the lines, it clearly indicates that all the players of ruling and opposition is one and same to loot the downtrodden and public at large. Furthermore, none of the Ruling Elite as well in Opposition Parties are seriously interested to implement the decision of the Supreme Court dated 25-10-2012, 1-11-2012 and 19-11-201 which goes in favour of downtrodden, poor masses and public at large.
In a country like ours where unfortunately majority of the CNG Stations owners are owned by the Parliamentarians of the Ruling Party and Opposition Parties and the CNG mafias are free to fix any price of CNG in collaboration with the OGRA they like and there is no check of Federal and Provincial Governments on their prices and if in such a circumstances and scenario, the Supreme Court of Pakistan being a neutral referee if took a suo motu notice of whole this matter and passed the appropriate orders on 25-10-2012, 1-11-2012 and 19-12-2012 and given some relief to the poor, downtrodden masses and public at large. What wrong has been done? The Supreme Court price of CNG has been fixed keeping all the interest of the parties. It is a settled maxim or a principle that “No one can be judge in his own cause” and this equally applies on the CNG mafias represented by their Association Bodies cited as Respondents No. 3 and 5 in this instant petition.
(C) WHO FIX THE CNG PRICE?
There is no mechanism that how CNG prices are fixed and who fixes the price of CNG. That on 25-10-2012, the Supreme Court declared the Rs.20/- per kilogram operating cost and the Rs.10/- linkage with the petrol charge in the price of CNG illegal and directed the Oil and Gas Regulatory Authority (Respondent No. 2) to implement the July 1, 2012 prices with immediate effect.
The court also directed the OGRA chairman to determine the price of gas after abolishing the profit of Rs.30/- illegally being charged as operating cost and the linkage with the petrol prices.
The secretary petroleum further informed the court that the price would be brought, with immediate effect, to the level that was fixed for the CNG sector subsequent to the determination of the price by OGRA for six months beginning July 1, 2012.
On July 1, 2012, the price of CNG in Region 1 was Rs.61.64 per kg while in Region 2 it was Rs.54.16 per kg. Region 1 includes Khyber Pakhtunkhwa, the Potohar region and Balochistan province while Region 2 comprises Punjab and areas of Sindh.
The secretary petroleum told the court that the Memorandum of Understanding (MOU) through which the government and CNG Associations (Respondents No. 3 and 5) had agreed on a formula for the operating cost of CNG stations would immediately be suspended and OGRA would develop a new formula after seeking full information about the availability of gas, linkage with alternate fuel, discussion with all stakeholders and after scrutiny of audited accounts of CNG stations as per the rules.
OGRA Chairman Saeed Ahmed Khan told the court that in Region 1, the government has fixed the CNG price as Rs.19/- per kg while in Region 2 it has been fixed as Rs17.55 per kg. He said that the CNG station owners are being paid Rs.20.80 per kg as operating cost. He said the profit of CNG station owners is Rs11.20 per kg.
The court asked the OGRA chairman under what law the operating cost is being paid to the CNG station owners besides the profit.
Saeed Ahmed Khan, however, could not give a satisfactory response.
Chief Justice Mr. Justice Iftikhar Muhammad Chaudhry observed that the prices of gas could not be linked with that of petroleum products and under the law any profit could not be made beyond a limit.
He further observed that CNG sale is one of the most profitable businesses in the country and Rs.9 million is being collected as a bribe to issue licences for setting up a CNG station.
The court noted that the regulator, in exercise of its powers under Section 8 (1 and 2) of the OGRA Ordinance, 2002 was obliged to determine the estimate of total revenue requirement of each licensee for natural gas engaged in transmission, distribution and sale of natural gas to a retail consumer in accordance with rules. And on the basis of such advice the federal government will prescribe price of natural gas for each category of retail consumer for natural gas under Section 8(3) of the ordinance. Therefore, there must be a rationale for charging the difference.
Although the petroleum secretary pleaded that the surcharge being deducted had a legal sanction under Section 8(5) of the ordinance, he sought time to study the aspect pointed out by the court and reach an acceptable conclusion.
The Court adjourned the matter to November, 1 and directed the OGRA chairman to fix the price of CNG after taking into consideration the written statement filed by the government as well as discussion made hereinabove.
The real fact is that there is no check on the CNG Stations owners and they are at liberty to sell their commodity at any price they like. There is no defined role of the Federal and Provincial Governments in fixing the CNG price.
In the Republic of China, the population is more than one billion but it has never ever reported by any western or eastern print or electronic media that people has suffered so badly at Pump Stations. The reason is a very simple one. In China, all the industries including pumps one are owned by the Government of China itself and no members of the ruling elite of the Communist Party of China dares to loot and mint the money as our politicians in the ruling as well as in the opposition benches are doing by unlawful strike of CNG Stations and hike in price of CNG. Secondly, the prices of CNG or all others commodities are fixed by the Government of China itself and regulatory body like OGRA does not exists in China.
It would not be out of place to mention here that none of the members of the political party of Respondent No. 4 or any other members of the other parties has moved any motion or resolution in the Parliament concerning the unlawful strike of CNG Stations and hike in price in CNG. They are only making statements in newspapers and in talk shows for point scoring and not for solving the problems of downtrodden masses and public at large. The only hope now left is the Apex Court and the petitioner is quite optimistic that Inshallah, appropriate order as deemed fit would be passed for the benefits of downtrodden and public at large.
(D) WHO IS RESPONSIBLE FOR CNG
CRISIS TRIOKA OR CNG MAFIAS?
There are three main players in the field. The first one is the Federal Government (Respondent No. 1), second player is OGRA (Respondent No. 2) and third player is CNG Stations owners represented by their Associations like Respondents No. 3 and 5.
This is right time that the Apex Court may kindly exercise his original jurisdiction under Article 184(3) of the Constitution of Pakistan and pass an appropriate orders as deemed fit specifically concerning the role and responsibility of Troika, which in the opinion of the petitioner are responsible for all unlawful strikes and hike in CNG prices and their this action has brought too much problems for the downtrodden masses and public at large and the culprits in this context may kindly be booked and punished in accordance with law of the land.
(E) NATIONALIZATION VIZ A VIZ PRIVITAZATION:
The Nationalization policy was implemented by PPP first regime led by Zulfiqar Ali Bhutto which was reversed by the Privatization policy bit by bit by the successive regimes on one pretext or the other. So much so, the daughter of Zulfiqar Ali Bhutto, Shaheed Benazir Bhutto in 1989 on the advice of the IMF-World Bank, the privatization of state-run units in Pakistan began, when she was in power.
The main thrust for privatization is the belief that private sector units are more efficient than public sector units. This is not true across the board. On the other hand it is often claimed that due to political interference and over-staffing, the efficiency of the public sector units is reduced.
In Pakistan, the net beneficiaries of privatization are always the global vested interests and their local agents and henchmen who get hefty commissions and kickbacks for these shabby deals while the net sufferers are the poor people of Pakistan and this was what exactly held in a very clear terms and without any ambiguity by the nine members Bench of the Supreme Court of Pakistan headed by Chief Justice of Pakistan Mr. Iftikhar Muhammad Chaudhry in a well known and celebrated judgment of Steel Mills Karachi case.
Privatization in Pakistan was not Transparent but smacked of cronyism and corruption. The leading cartels were created after 1985 to 2012 privatization in Pakistan. Oil cartel based on 10 oil companies, Brokerage cartel based on 4 groups, Auto mobile cartel based on 3 companies, Sugar cartel based on 14 companies, Cement cartel based on 10 companies Food and beverage cartel 12 companies, Fertilizers cartel based on 4 group, banking cartel based on 10 group.
Privatization that process in Pakistan was started in 1988; As Chief Minister Punjab, Nawaz Sharif presided over the liquidation/ privatization of several units of Punjab Industrial and Development Board (PIDC) like Pasrur Sugar Mills, Samundri Sugar, Rahwali Sugar, Paras Textile, Harapa Textile and Ghazi Textile. How and on what prices these units were sold is still a secret but according to Company Review in the daily DAWN in May 1991, Pasrur Sugar Mills was sold to United Sugar Mills of United group for a ” token price of Rupee one only.”
Samundri Sugar Mills was sold to Monoos and Rahwali Sugar to a Muslim League politician Sheikh Mansoor, owner of Industrial Co-operative which was bankrupt in 1993 following single line advertisement in newspapers under the caption, “Bids invited for Rahwali Sugar Mills.”
Now due to privatization policy a “coterie of business class” is in fact ruling all governments directly or indirectly and is free for exploitation of downtrodden masses to any extent they wish and like and there is no check of state on them and the recent CNG crisis is one of the glaring examples.
Privatization has been an essential element of the IMF assistance programs in the past and the borrowers were forced to sell their family silver. But the current crisis which has set in recession in the West has not only discredited the free market ideology but also forced the IMF to change its policy stance.
The experience shows it has been a faulty policy because the value of the units on auction always is more than the actual sale proceeds. When 51 per cent shares of Habib Bank were sold in December 2004 for only Rs. 22 billion, its total assets had worth more than Rs. 570 billion. Similarly United Bank was sold for only Rs. 13 billion, a throwaway price. The PTCL buyout by Dubai-based Etisalat did not bring in the assets’ worth. The new owner demanded major concessions, which was agreed to and the payment was made in installments.
It is also a myth that a public sector unit functions more efficiently when managed by a private company. KESC did not become efficient when it went into private management despite tariff increases and government subsidies, nor had the PTCL become a better institution even for the minority shareholders.
The 1996 privatization of British Rail gave birth to an inefficient and accident-prone system supported by massive subsidies. Similarly, public sector water companies in the Netherlands, Japan and the US look more efficient than private companies in France and England. Privatization merely changes ownership without an increase in the stock of capital and output. Though, there is an instant receipt of substantial amount in foreign exchange, yet it also becomes a drain on foreign exchange reserves when profits are repatriated every year.
Privatization is a political weapon in the hands of the capitalists and IMF and World Bank. It is not just an economic attack but a political attack as well. It stops the growth of social, political and class based consciousness. It reduces the social capital and increase the private capital and big cartels. Instead of social need, it creates and increase the private greed, bad gesture and conflict of interest and class based division in society.
There has been massive corruption during privatization process in Pakistan from 1985 until 2012. It is very clear that the privatization process has not been proved as a key to economic development as was claimed by the different government from 1988 to 2012, but instead a total disaster for the economy of Pakistan.
The general perception that privatization result in higher level of efficiency is not true in case of Pakistan. Privatization has caused social development slow down. The pre-privatization period (1981-1991) witnessed an annual average growth rate of 6.7% of GDP while it went down to 4.4% during privatization period (1991-2001).Two major objectives of privatization in Pakistan; debt-servicing and poverty alleviation have not been achieved. The total external debt rose from US $ 23.363 billion in 1991 to $ 40 billion in Dec 2007. The rapid depletion of reserves is disturbing for the government as it increased external debt to $46 billion. The country’s foreign debt has swelled by $10.5 billion in the past six years to the current $45.9 billion. The reports of plundering of privatization money are also published. In July 2002, the Public Accounts Committee (PAC) had detected a massive sum of Rs. 80 billion missing, collected from privatization, when it was disclosed that this money was not used for the debt retirement purpose. In addition to it, indiscriminate use of billions of rupees collected from the privatization money on consultant salaries and legal experts also raised troubling questions that who was actually benefiting from the whole privatization process after laying off at least one million of workers. The PAC also learnt that consultants and advisors generally hired by the PC are heavily paid. As much as Rs. 5 billion were spent on the consultants, advisors etc.
My Lordships! Let us also remember, that while the world’s greatest market pundits (including the reactionary economic school at Chicago) are suggesting that the Washington Consensus and the unholy trinity of privatization, liberalization and free trade has failed miserably, our economic policy makers are still living in a bygone decade promising a neo-liberal paradise.
The global economic downturn has forced several countries to put on hold their privatization plans. Reportedly, Indonesia has dropped plan to sell 37 state firms and South Korea and Thailand have postponed privatization of banks.
Small wonder then, when a recent survey by the Centre for Research and Security says that “70 per cent of the population is living just over, just on or just below the poverty line as defined at an income of $2 per day, and that 49 per cent of the population lives in absolute poverty.”
This imposition of tighter market discipline, coupled with privatization of state assets will have suicidal repercussions on the economic environment in Pakistan. During the month of August alone, the inflation rate was above 35%; the inflation in food prices is just under 42%. The Government has even failed to smash the power of hoarders or the monopoly of sugar and wheat merchants over food prices. The miserable treatment afforded to oppressed nationalities is strikingly apparent when we fully appreciate the motives behind controlling inter-provincial movement of sugar and wheat.
In conclusion, the elected capitalist government is and will continue to promote economic policies that will destroy the lives of millions of working people. They do not have the political will to call for the actual reforms that can take this country out of an economic crisis. The PPP of the 1970s proposed land reforms, nationalization of large scale industry, non-aligned foreign policy, control over flow of capital, large government investment in health care and education and so on. The truth is that the capitalist economic crisis cannot be bandaged by a few reforms. It is the structure of the system that must be destroyed to emancipate the people. Nonetheless, the present elected government is terrified even of such capitalist-democratic reforms that were once part of the program of their own party. The PPP has veered so far from its origins in the 1970s that if it looked at the mirror of its past, it would be terrified by its past open avowal of socialism.
It is no doubt that the PPP (Respondent No. 4) is the largest party in Pakistan and it has spoken for the common man in the past. But any honest person, even within the PPP, can no longer turn away from the fact that the PPP is a party where the hegemonic and dominant ideas and social practice does not represent the same interests as the movement for the emancipation of the working class.
My Lordships! The developed economies have restored to nationalization to solve the problem. Communist Party of Pakistan (CPP) prays to Apex Court under Article 3 to reconsider this decision of denationalization of these national assets. CPP also prays to Apex Court for direction to Respondents No. 1 and 4 to rethink the whole program of privatization in the light of prevailing international economic scenario, as in many countries the nationalization process has been reinitiated. This rethinking will be in the best interests of people of Pakistan and accordingly 3125 CNG Stations may be nationalized so as to overcome the CNG crisis once for all the times.
(F) PURPOSE AND IMPORTANCE OF CONSTITUTION OF PAKISTAN AND SUPREME COURT IS THE RIGHT FORUM TO HEAR CASE OF CNG CRISIS UNDER ARTICLES 184(3) AND 3 OF THE CONSTITUTION, 73.
In the document, the framers of the Constitution provided Article 184, which also stipulated the boundaries of judicial activism. The boundaries are, firstly, that the court can take up only a matter of public importance, and secondly, one that pertains to fundamental rights. So if a whole scale infringement of fundamental rights is taking place, Article 184 enables the Supreme Court to act. This is, of course, in the larger interest of the people. For instance, if a dam that is providing water to say 10,000, or even 1,000 people, is being polluted, their fundamental rights are being violated. They may not have the resources to initiate a case against the violators, but the court can take up the matter. So it is a wonderful device. It’s good for the poorer segments of society, it protects them and it supports them – and it is very much a matter of fundamental rights. Now if anybody has a personal dispute with somebody, this doesn’t come into the picture at all. So, the test is fundamental rights and public importance. If the Supreme Court takes notice of a matter which does not fall within these two conditions then it can be said to be acting beyond its jurisdiction.
Whereas, when the CNG Stations owners represented by their Associations Bodies cited as Respondents No. 3 and 5 have made the artificial crisis of CNG by unlawful strike and an abnormal price hike of CNG in collaboration with the Respondents No. 1, 2 and 4 has affected the fundamental rights of not an individual but whole of downtrodden masses and public at large is violated. So much so, the fundamental right of not only Communist Party of Pakistan (CPP) but it infringes the fundamental rights of even the political party cited as Respondent No. 4, and in view of 11 members bench of Supreme Court headed by then Chief Justice of Pakistan Abdul Haleem Khan in a famous case of Miss Benazir Bhutto vs Federation of Pakistan etc. (PLD 1988 SC 416, 514) in which it was held “Article 17 (2) provides a basic guarantee to a citizen against usurpation of his will to freely participate in the affairs and governing of Pakistan through political activity relation thereto……”
My Lordships! Keeping in view as explained above, it is beyond any shadow of doubt that indeed, a question of a public importance with reference to the enforcement of the Fundamental Rights conferred by Chapter I of Part II is involved in this Constitutional Petition.
Furthermore, under Article 184 (3) not only an aggrieved person but any person can knock the doors of Supreme Court and no question of locus standi or on the right forum is involved in the aforesaid Constitutional Petition of the petitioner. Supreme Court is the right forum and if Supreme Court abstains from doing what is lawful and right, the Article 3 than becomes totally nugatory and redundant and this is against the basic spirit of the Constitution of Pakistan, 1973.
PRAYER IN PETITION:-
It is, therefore, respectfully and graciously prayed that this learned Court be pleased to kindly interfere to exercise its constitutional power to the effect that the Respondents No. 1 to 5 be declared to be responsible for the recent CNG crisis and that it is an eminently fit case for nationalization of all the 3125 CNG Stations as reported on the website of All Pakistan CNG Association at http://apcnga.org/CNG_List.pdf in accordance with the basic manifesto of PPP written by Shaheed Zulfiqar Ali Bhutto so as overcome CNG crisis once for all times and accordingly, a direction for nationalization of all these CNG Stations may kindly be given to the Respondents No. 1, 2 and 4 or alternatively, an appropriate order as deemed fit in the current situation and scenario of CNG crisis as created by Troika may kindly be passed and also direct the Respondents to do anything, they are required by law to do.
2. Any other remedy for the supremacy of the Constitution and the law, which this Honourable Court deems fit and appropriate in the facts and circumstances of the case, may also be granted and this petition may kindly be accepted. This prayer is made in the interest of justice.
Drawn up and filed by:
Sig/-
(Engineer Jameel Ahmad Malik)
Petitioner-in-Person,
Chairman of Communist Party,
Communist Party Secretariat,
1426-Fateh Jang Chowk,
Attock Cantonment. Tel: 057-2611426 Fax: 057-2612591 Mob: 0300-9543331
And
Email: cpp@cpp.net.pk Web: www.cpp.net.pk
Dated:-
4th December, 2012.
LIST OF BOOKS:
1. The Constitution of the Islamic Republic of Pakistan, 1973.
2. Oil and Gas Regulatory Authority, 2002.
3. PLD 1988 SC 719
4. PLD 2005 SC 719
5. 1999 SCMR 382
6. PLD 2000 SC 84
7. PLD 2006 SC 697
Certificate:-
Certified that this is the first petition in the Supreme Court on the subject.
Sig/-
(Engineer Jameel Ahmad Malik)
Petitioner-in-Person.