KUWAIT: The court of appeals yesterday said that a decision by the government to raise the prices of petrol is legal and in line of the constitution, overturning a September verdict by the lower court that ruled the increase was unlawful. Ali Al-Ali and several other lawyers, who filed the lawsuit demanding the scrapping of the decision on procedural flaws, said they will now take the issue to the court of cassation, whose rulings are final.

The decision, taken by the government in August last year, raised petrol prices between 41 percent and 83 percent depending on its type. It came into effect on Sept 1 last year. A number of lawyers then filed a lawsuit saying that the decision was unlawful and not in line with the constitution, as it should have been approved by the Supreme Petroleum Council, the highest oil decision-making body in the country.

The court accepted the challenge and issued a ruling on Sept 28 saying the hike decision was unlawful. The court however refused to suspend the increase. The government went to the appeals court and challenged the ruling as against the constitution and the law, insisting that the Cabinet did not issue the decision but only approved a recommendation made by one of its committees.

The appeals court however said that it was a decision made by the Cabinet but within the framework of the law and as part of the council's powers. It also said the decision was in line with the constitution. The lawyers said they will challenge the decision at the court of cassation, but at least one lawyer said he will take the matter to the constitutional court to challenge the constitutional basis of the appeals court ruling.

Meanwhile, a rally and reception to mark the release of opposition leader and former MP Mussallam Al-Barrak will go ahead as announced today evening, the Popular Action Movement (PAM) said. PAM's announcement was made even after the municipality placed a notification at the venue - a celebration hall - saying it will be demolished within 24 hours. PAM officials said the issue has been resolved with the municipality and the event will go ahead. During the rally, Barrak is due to make an important speech about domestic development.

Barrak was released from central jail on Friday after completing a two-year term for insulting HH the Amir and undermining his status. He was given a rapturous reception outside the jail and at his diwaniya. He has been receiving well-wishers daily since then.

Separately, opposition MP Shuaib Al-Muwaizri sent a series of questions to the ministers of defense and oil. He asked Defense Minister Sheikh Mohammad Al-Khaled Al-Sabah if the ministry made arms purchases and deals to buy military equipment and spare parts, in addition to maintenance deals, through middlemen during the past three fiscal years. He asked the oil minister about the reasons behind closing Shuaiba refinery and demanded technical reports that recommended the closure.

By B Izzak, Staff Columist