A division bench of the Lahore High Court on Thursday accepted an apology from Adviser to Prime Minister on Petroleum and Natural Resources Dr Asim Hussain for his statements made during a TV talk show.
The bench also disposed of three petitions challenging only levy imposed under LPG Policy 2012 after federation’s counsel submitted that the notification for levy was being withdrawn. However, the bench adjourned other petitions against LPG Policy 2011 till January 23, 2013, saying that a new LPG policy was being prepared by the federal government.
The division bench comprising LHC Chief Justice Umar Ata Bandial and Justice Ayesha A Malik passed orders on various petitions challenging LPG policy 2011 and notice issued to Dr Asim Hussain for stating that the judiciary had granted stay order at the instance of mafia against the enforcement of a tax levied under the LPG Policy, during a TV talk show.
Earlier, Dr Asim Hussain along with his counsel Salman Akram Raja appeared before the court on being summoned.
Salman Raja submitted a written reply wherein Dr Asim Hussain sought apology contending that “the language used does not express my intentions”.
However, the bench noted that it was more concerned about “law and its implementation” rather than economic justifications mentioned in Dr Asim’s reply for his statement.
The chief justice drew Dr Asim’s attention to flaws in LPG policy 2011 and “enhanced cess” imposed under Gas Infrastructure Cess Act 2011.
The court observed that existing laws did not authorize government to take such steps and government was acting unilaterally.
The court emphasized the need to reform laws and observed “your actions must be governed by Law”.
The court giving a copy of its orders in above said matters directed Dr Asim Hussain to study them for a few minutes.
Federation’s counsel on instructions submitted that notification dated January 16, 2012, for imposition of a levy of 11,486 per unit of local LPG, was being withdrawn.
He further pointed out that a new LPG policy was being prepared which would replace the existing policy and it would be implemented within a month. Dr Asim informed the bench that he was reviewing the matters and added that flaws would be corrected.
The court appreciated Dr Asim’s step observing that approach of self-correction was better.
PM’s Advisor said that he believes in trichotomy of powers because without judiciary, there would be complete chaos in the country.
He said that despite an important visit of Iranian president in country, President Asif Ali Zardari asked him to attend the court proceedings today (Thursday).
“There may be errors but our intentions are not to harm anybody and we welcome guidance from courts”, he maintained.
The bench accepted apology from Dr Asim Hussain and observed that it would not pass any further order in the matter.
The bench barring government to collect levy under LPG policy 2011 disposed of three petitions and adjourned other pleas till January 23. The petitions were filed by Petroleum Gas (Pvt) limited and various other LPG distribution companies pleading to set aside LPG Policy 2012 and subsequent steps by OGRA, being malafide.
