ISLAMABAD : The Ministry of Law and Justice has accused the Chairman of Trading Corporation of Pakistan (TCP), Anjum Bashir, of violating the 1973 Constitution of Pakistan by adopting discriminatory and non-transparent methodology in white sugar contracts.
These harsh comments came from the Law Ministry subsequent to a letter written by the Chairman of TCP to the Law Ministry seeking its opinion with regard to cancellation of sugar import contract with Yunnan Coal Industry Group Company Limited, China.
The TCP Chairman, when contacted, clarified that the Law Ministry s comments are related to a letter written by him to the TCP pre-qualified private sugar importers to participate in a meeting in the Ministry of Industries and Production (MoI&P) a couple of months ago.
Previously, Chairman, TCP was in violation of Articles 24 and 25 of the Constitution of Pakistan, 1973 by adopting discriminatory and non-transparent methodology which was not supported by the Ministry of Law, sources quoted Law Ministry as saying.
With regard to Yunnan, the Law Ministry commented that some state functionaries invariably try to circumvent the Rules of Business and the case in hand is a worst example of the same as the Chairman of a private limited company had absolutely no authority vested in his office to write directly to Law Ministry.
Chairman TCP has since opted to write to Law Ministry and violated the law to his advantage by not communicating to the Commerce Ministry for submission of proper reference which is the requirement of Rules of Business 1973. Therefore, direct communication has neither any legal sanctity nor merit, said Section Officer of Law Ministry, Dost Muhammad, in his letter to the TCP Chairman, who is grade 21 officer.
In reply to a question, the TCP Chairman said that the Law Ministry is of the considered opinion that I had no right to write a letter directly to them , but he added that I sent a copy of the letter to the Commerce Ministry which, in turn, forwarded it to the Law Ministry.
Bashir said that the Commerce Ministry has suggested that TCP should take decision on its own with regard to cancellation of second contract of Yunan, which defaulted on its first contract of 100,000 tons of white sugar.
Yunnan had participated in two sugar import tenders, had offered lowest bids, and later finalised two separate deals with the TCP for supply of 200,000 tons of sugar. Yunnan Coal Chemical Industry Group - a pre-qualified supplier of the TCP, through its local agent Simzain International, had participated in the 9th tender of 200,000 tons, opened on May 15, 2010, and had offered to supply 100,000 tons of sugar at $488 per ton.
Courtesy: Business Recorder
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