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Law Ministry blocks PM
Law Ministry blocks PM’s decision to ban CNG for 1000cc cars
our correspondent
Thursday, May 23, 2013
From Print Edition
ISLAMABAD: The law ministry has declared the decision of the caretaker prime minister to ban vehicles of over 1000cc capacity from utilising CNG as a ‘negation of the basic spirit of the Constitution which ensures equal rights to all citizens’.
Officials in the Ministry of Petroleum and Natural Resources met here on Wednesday with the high-ranking officials of the Law Division to discuss the decision of the caretaker chief executive after Ogra demanded vetting of the decision from the law ministry.
The officials concerned confided to The News that the law ministry had declared the decision a breach of the Constitution, which ensures equal rights to all citizens when it comes to the utility of minerals. “Moreover, the caretaker regime has no mandate to take such policy decision,” they said while quoting the discussion during the meeting with the law ministry’ officials.
Caretaker Prime Minister Justice (retd) Mir Hazar Khan Khoso on Tuesday (May 21, 2013) directed that no CNG pump shall provide CNG to any private vehicle of more than 1000cc.
The prime minister also said that any petrol pump found violating these instructions shall be fined Rs50,000 for the first offence; in case of repetition the owner shall be fined Rs100,000 and for the third offence and violation, the CNG pump shall be sealed for a minimum period of six months.
Similarly, for any subsequent offence, the period of suspension of the CNG pump shall not be less than one year. The prime minister has approved these instructions in order to restrict the use of CNG for private transport in view of acute shortage and scarcity of this natural asset and to ensure more gainful use of this scarce commodity for sectors like power, industry, fertiliser and domestic consumption.
The official, while quoting the opinion of the law ministry, said that the caretaker prime minister could not decide to penalise any CNG station involved in violating the decision, as it requires legislation.
The law ministry came down heavily on officials of the Ministry of Petroleum and Natural Resources for routing the summary directly to the prime minister, as under the laid down procedure, it was imperative to first consult the law ministry on the issue and then the summary should have been sent to the prime minister along with the remarks of the law division.
Ogra being the regulator had earlier refused to implement the decision, arguing that in the past it acted upon the orders of the prime minister which were issued without the support of the ECC and the federal cabinet, which is why the Supreme Court had taken notice and the regulator was still facing cases in the Apex Court. This decision is also of the same nature, it said, and has been taken without the nod of the ECC and federal cabinet, which is why it would be appropriate to seek the opinion of the Law Division.
Ghayas Piracha, chairman of the All Pakistan CNG Association, who earlier rejected the decision and the summary of the Ministry of Petroleum and Natural Resources terming it illegal and a violation of the Constitution, has welcomed the opinion of the law ministry on the issue. He said that the said ban could not be imposed without approval either by the federal cabinet or the ECC.