چینی کی قیمتوں کے بارے سپریم کورٹ آف پاکستان کا فیصلہ

PLD 2021 SC 806

Constitutional Courts of the country have a duty to resolve legal disputes coming before them in accordance with the Constitution and the law. In the discharge of their duties and functions, the Courts do not supervise pricing nor monitor profit and loss dealings by or between the stakeholders. In our view, the High Court has in the present case entered the uncertain territory of monitoring commercial and policy terms regulating the supply of an edible commodity in the market. This endeavour is far removed from its jurisdiction vested by Article 199 of the Constitution and is likely to involve technical details that are outside the realm of judicial adjudication. The common questions of law and jurisdiction raised in the petitions pending before the High Court are already noted for its determination in Writ Petition No.3834 of 2020. Notices under Order XXVII-A CPC have also been issued to the Law Officers of the Federation and the Province. The respondent private parties who are present before us are also ready to proceed with their cases. We consider that judicial consideration by the High Court ought to be devoted to resolving the legal dispute between the parties rather than the pricing mechanism regulating commercial and policy matters. Accordingly, the learned High Court shall make a serious effort to decide the legal issues arising for determination in this matter within a fortnight from the date of receipt of this order. If either party prolongs the proceedings on account of adjournments or otherwise they shall be subject to penalization, inter alia, by modification of the terms of the interim relief ordered below.