Islamabad: In a landmark decision, Islamabad High Court (IHC) has ordered Pakistan Standards and Quality Control Authority (PSQCA) to implement its mandatory notification for ban of the use of non-food grade polypropylene packing material for food items. The judgment noted in its judgement that the notifications issued by PSQCA were not to dust, but to protect the interests of the people of Pakistan.
IHC’s judge , Mohammad Azam Khan, showed displeasure in his judgment over non-implementation of the mandatory notification and ordered PSQCA to implement its notification in question and launch a countrywide campaign within 30 days to stop the use of non-food grade polypropylene bags for food items like wheat flour and others.
Pakistan Polypropylene Woven Sack Manufacturers Association (PPWSMA) had approached to PSQCA way back in 2016, and demanded it to ban the use of non-food grade polypropylene bags to pack and distribute wheat flour in Pakistan as it was resulting in loss of huge public money through waste of wheat flour , besides risking to human lives .
PPWSMA had pointed out to PSQCA that the use of non-food polypropylene bags for packing of wheat flour was resulting in waste of wheat flour “ATTA” , valuing hundreds of billions of rupee every year. PPWSMA presented proofs to PSQCA of waste of huge quality of wheat flour “ATTA” when it was packed and handled in non-food grade polypropylene bags.
PSQCA accepted the arguments of PPWSMA and issued a mandatory notification in 2016 , but it never took any action to implement it despite having a clear picture that the use of non-food grade polypropylene packing bags was resulting in loss of wheat flour to the tune of hundreds of billions of rupee every year.
Seeing indifference of PSQCA , PPWSMA chairman , Mr Islander M. Khan, knocked at other fora like ministry of Agriculture and National Food Security . Here too PPWSMA chairman did not get positive response from the concerned authorities. Even higher authorities did not move to question PSQCA as to what was restricting it to implement mandatory notification whose implementation could save wastage of wheat flour ” ATTA”, valuing hundreds of billions of rupee annually.
PSQCA’s inaction , as cited by PPWSMA in its petition, caused a loss of over Rs 700 billion in the last around 10 years since issuing of mandatory notification by PSQCA.
PPWSMA chairman , Mr Islander M.
Khan , did not lost hopes in the case and finally he moved IHC for seeking the court orders to get implemented mandatory notification for ban of non-food grade polypropylene packing bags for food items.
Finally, his untiring efforts brought fruit to him when IHC ordered PSQCA to implement its notification in the case in question without any further delay. The court orders in this case will save billions of rupees that were going down the drain in the form of loss of wheat flour.
Mr Islander M. Khan ‘s efforts will also stop waste of hard-earned forex exchange and wheat flour that will be saved from waste and will be available to those who are badly in need for it.
Commenting on IHC orders in this case , Mr Islander M. Khan said ” I fought for the poor of this country who are finding it difficult to have one meal a day as IHC’s great decision on my petition will stop waste of wheat flour for the needy as well as save billions of rupees of the public exchequer annually”.
The judgement said “This case is a stark reminder that laws are not written to gather dust in gazette notifications, but to be implemented for the protection of the people. Let copies of the judgment be sent to the Respondents for immediate compliance. The Registrar of this Court is directed to also provide copies of the judgment to the Chief Secretaries and the Chairpersons of the Provincial Food Authorities of Punjab,Sindh,Khyber Pakhtunkhawa,and Balochistan. They are expected to act in aid of this Court’s orders and ensure vigorous enforcement within their respective jurisdictions’.
The judgement further noted that the Respondent No.I (PSQCA) shall,with in thirty (30) days of this order launch a nationwide enforcement drive. It shall exercise its powers under Sections 8, 15,and 22 of the PSQCA Ac, 1996,to identity, seize,detain,and initiate penal proceedings against the manufacture, storage,sale, and transport of(a)Polypropylene woven sacks marked or intend for packing food items that do not bear the PS Mark certifying conformity with PS: 3128.(b) any krat paper sacks being used for packing cement that do not conform to PS:4877,and any such cement sacks found in the supply for packing food items. The PSQCA shall hot limit its action to manufacturers but shall extend it to distributors,godowns,and transporters found dealing in non-compliant sacks.Its jurisdiction is over the article, not the business license of the end-user. Furthermore,the PSQCA shall submit a comprehensive compliance report to this Court within ninety (90) days from the receipt of copy of this judgment.
