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The Samosa and the Courts
By Noah Bokhari:
The Supreme Court allowed an appeal by the Punjab Bakers and Sweet Federation and set aside a notification by the Punjab government through which the price of a Samosa was fixed at Rs6. In 2009, the City District Government of Lahore on the instruction of the Punjab government had fixed price of a samosa at Rs6 and the magistrates had imposed fine on shopkeepers for selling samosa at higher rates.
The Punjab Bakers and Sweets Federation through its president Muhammad Afzal had challenged this order before the Lahore High Court (LHC). Their petition was dismissed allowing the CDGL and Punjab Government to keep the price of Samosa at Rs 6 and continue the prohibitive action against the vendors . An appeal was filed in the Supreme Court against the decisions of Punjab government by the same Association.
The appellant argued that a Samosa was not an item notified under the Punjab Foodstuffs (Control) Act of 1958. He said the government had no power to fix by the price of a Samosa. On the other hand, Punjab government’s counsel argued that the government had the jurisdiction to fix prices of all items being sold to the public at large. After hearing both sides the Supreme Court set aside the impugned notification.
This is a self explanatory edited version of the news published in an English daily on July 25 about the much awaited decision on fixing the prices of samosas. It is a well known fact that the masses had highly appreciated and rejoiced in the streets over the rightful concern of the Lahore High Court (LHC) regarding the price of this essential food item of lower classes in 2009. The people were surely pleased about the sensitivity of the Govt. of Punjab and its corresponding High Court in Lahore to keep the prices of essential food items in control. The momentous decision had laid down an example for the high Courts of other provinces to follow. In general , those courts in smaller provinces have yet to learn , the advantages of recently attained freedom by the courts. People were hoping that those courts would also follow suit in helping their corresponding executive branches in extending the benefits of azad adlya to the common man. The set aside decision of the LHC regarding this issues of national importance , in reality, had saved the biggest province of the country from destabilization and provided a relief to the people of Punjab who had been suffering from the evils committed during the only stint of four and a half years of misrule by the Pakistan Peoples Party in early seventies. Had it not been set aside by the Supreme Court , this decision by the LHC would have gone a long way in demonstrating the strong resolve of our courts to address the vital issues related to the masses and , of course , helped the beleaguered provincial government to strengthen its hold on the Punjabis, who have been living on Samosas as a staple food since long . The LHC judges , conscious of the fact , that the economy was market based had taken this popular decision in public and Punjabi interest using judicial discretion . I am sure the judges of the lower courts in India ,UK and USA learn the ways in which they could also improve the performance of their constitutional institutions during these times of economic crunch. It is hoped that the prices of bhel puri in India and those of Mc burgers in UK and USA would also be reassessed and protected in the same way by the lower courts in those countries .
I wish the Supreme Court (SC) had considered in detail this people friendly act of the Punjab Government and the LHC , in the light of various constitutional provisions concerning basic rights of the citizens instead of applying the law in letter and ignoring the spirit. , Had it not been set aside, this decision of our Supreme Court could also attain the same importance in case law history as that of ousting a popularly elected prime minister for the crimes which were neither mentioned in the charge sheet nor a part of the original decision of a bench of the same court. It is pointless to suggest now that Supreme Court could appoint distinguished economists of the country like Ishaq Dar and Ahsan Iqbal in the samosa case as amicus curiae and sought their advice before delivering another unanimous judgment.
It is expected that the Punjab Government will file a review petition in the samosa case and hoped that the Supreme Court will oblige by sympathetically reconsidering its earlier decision in the light of constitutional provisions for the larger benefit of the people of Punjab.
Filed under: Punjab · Tags: Courts, people, Punjab, Supreme COurt
7 Responses to "The Samosa and the Courts"
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Samosa is NOT an essential commodity. The quality of samosas varies from maker to maker and its price is dependent upon quality. If the price of a samosa is fixed as low as Rs6/pc then it is inevitable that makers will have to compromise with quality. for that they can use cheaper recycled frying oil, worthless rotten potatoes and beef/chicken offal/innards and other inferior quality ingredients and will surely reduce its size and weight. Samosa, like cigarettes, cannot be sold at a single price by one and all without first setting standard for it. Samosa price should be dependent on its maker ie class A, B or C of bakery, it’s weight and other production governing factors. Thus the SC was right in striking down the Punjab govts notification.
AKB: good analysis. Even if standards are set about the quality of samosas, will there be someone to enforce them, especially when more pressing issues stare at one’s face.?
These frivolous cases should not end up at Supreme Court as they are waste of time. It is the business of health Depts or city governments.
The supreme court of Pakistan stands under the compulsion to defend sunni fascism. All other cases are just a waste of time or actionism show-cases for them.
@ ahem
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Foolish! Supreme court has nothing to do with Sunni or Muslim or Hindu or Christian……Stop acting like a damp squib!
@ Kamath.
You are right but note laws have to be made and they are made, enforcing them is another matter. Crimes happen inspite of laws. Does that mean laws should not be made?? It is the duty of the executive to see that laws are enforced whereas judiciary can only adjudicate in case of violations.
This is a farcical write up of Noah Bokhari. In between the lines she is ridiculing the rulig by the LAhore High Court. The Advocate and Attorney General offices are fillded/stuffed to the brim by incompetent and Patronage appointees receiving huge salaries and running their fattening-deep pocket law practioces from aircopnditioned luxury offices which therse blokes and odd females neverr encountered before in their lives before.
High prices of Samosas should have been attacked per , anmongst other, Constitutional Articles 1 to 10 grounds being an outrage, being Exploitation, being infringement of trusts and being against public interet and excessive and monopolistic-in-. That we are being short-sold by our law officers’ wicKKKed new lows is th juntold and ongoing tragedy of Pakistan.
When I left for Pafris/London in Jan 1960 (SIXTY!), samosa was going for about 10P (one to two annas) per samosa-jee, now in Gulberg it is Rs. 25, i.e. steep-sharp-disgraceful increase in price by 25000% – - believe-it-or-nuts. Samosas are common Pakistanis luxury food indulgence. Our newdfound highups go to Monaco with lovelies and gamble away millions; thus they perform riaz of their nouveau richness. That has won us enviable and meritorious branding as Failed, Royue and Corruptest state on the face of God’s Green Earth. Hallelujah!!
Miss Bokhari’s tongue-in-cheek reference and perky advice about McDonald hamburgers is cute. The wages in Pakistan are generally about 5 per cent of the United States of America; yet the price of a hamburger at local McDionald is roughly the same as in the USA and quality of bufallo-beef is another 20 per cent lower. I could add some unprintable, honest-to-goodness facts about price manipulations in Pakistan, but I will restrain myself, ma shaw LAW.
Pakistan has passed through cycles of dictatorship of military, civilian government and judiciary several times and this keeps on repeating. Media has also been a part of this cycle. Citizens have tried all groups in turns hoping for their betterment, but have always been disappointed. Every institution, as soon as it gains the confidence and made powerful by the Citizens, starts immediately to display dictatorial attitude. Irrespective of whichever group the Citizens have supported, they have always been left deeply disappointed. Pakistan can achieve peace and prosperity only if its institutions change their attitude.