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FCC Overturns SHC Decision, Reasserts Executive Control Over Sindh Wheat Quotas

The court ordered a restart of halted clearances, directing subsidised wheat be provided to eligible millers under the 1958 law.

Overview

  • Allowing the Sindh government’s appeal, a three‑member Federal Constitutional Court bench led by Chief Justice Aminuddin Khan set aside the SHC Sukkur Bench’s May 31, 2023 ruling.
  • The judgment holds that policymaking rests with the executive and finds the Sindh High Court erred by intruding on lawful executive authority.
  • The case arose from petitions by flour mill owners who said the Sindh Food Department withheld subsidised quotas under the Wheat Release Policy, citing NAB plea bargains and related disqualifications.
  • The FCC directed authorities to proceed with halted clearances and to make wheat quotas available forthwith to petitioners who qualify under the Act of 1958, placing follow‑through with the executive.
  • During arguments, Additional Advocate General Sindh Sibtain Mahmood and Additional Attorney General Manawwar Duggal contended only the executive can frame policy, a view echoed by Justice Ali Baqar Najafi.