| Citation(s) |
|---|
| 2013 SLG 1109 2013 SLD 1109 2013 PTD 658 (2014) 109 TAX 190 2013 MLD 601 |
Sindh High Court
Constitutional Petition No.D-3000 of 2012, decision dated:12-12-2012, hearing DATE : 22-11-2012
MUSHIR ALAM, CHIEF, JUSTICEMUHAMMAD SHAFI SIDDIQUI, JUSTICE
Aziz A. Shaikh for Petitioners.Jawed Farooqui, D.A.G. for
Respondent No. 1.Asim Iqbal and Farmanullah for
Respondent No. 3.
Constitutional Petition No.D-3000 of 2012, decision dated:12-12-2012, hearing DATE : 22-11-2012
MUSHIR ALAM, CHIEF, JUSTICEMUHAMMAD SHAFI SIDDIQUI, JUSTICE
Aziz A. Shaikh for Petitioners.Jawed Farooqui, D.A.G. for
Respondent No. 1.Asim Iqbal and Farmanullah for
Respondent No. 3.
LANDIRENZO PAKISTAN (PVT.) LTD. THROUGH CHIEF EXECUTIVE OFFICER, KARACHI and 3 others VSFEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF COMMERCE, ISLAMABAD and 6 others
Law: Imports and Exports (Control) Act, 1950
Section: 2
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition-Policy decisions of government--Interference in such decisions by High Court in constitutional jurisdiction---Scope. In matter of policy decisions, the Government is the best judge and it is not for the High Court to sit on the policy matters, unless those appear to be violative of constitutional guarantees, arbitrary, mala fide or on account of colourable exercise of power. (b) Imports and Exports (Control) Act (XXXIX of 1950)--Ss. 2 & 3(1)---Import Policy Order, 2009, Paras 5(a)(viii)(xxi) & 6---Rules of Business, 1973, Rr.2(xviii), 24 & 55---General Clauses Act (X of 1897), S.21---Customs Act (IV of 1969), S.16---S.R.O. No.84(l). 2012 dated 1-2-2012---Constitution of Pakistan, Art.199---Constitutional petition---Imposition of ban on import of CNG kits, equipments and cylinders through amending S.R.O. 84(1)/2012, dated 1-2-2012---Validity-Neither granting of licences to petitioners to import such goods would create any vested right nor impugned S.R.O. had curtailed any of their vested rights, nor such licences would guarantee them to continue to import such goods uninterruptedly---Government had power to impose conditions and give exception either generally or specially and also to alter, modify or make addition thereto---Notification prohibiting import and export of goods issued under S.3(1) of Imports and Exports (Control) Act, 1950 would be deemed to be a notification under S.16 and all provisions of Customs Act, 1969---Impugned S.R.O. was not ultra vires---High Court dismissed constitutional petition in circumstances. Gatron (Industries) Limited v. Government of Pakistan 1999 SCMR 1072; Theresa Henry v. Calixtus Henry 2012 SCMR 1074; Alleged Corruption in Rental Power Plants and others In the matter of 2012 SCMR 773; Collector of Customs v. Flying Kraft Paper Mills 1999 SCMR 709; Human Rights cases In the matter of PLD 2010 SC 759; Babar Hussain Shah v. Mujeeb Ahmed Khan 2012 SCMR 1235; Ibrahim Fibres Ltd. v. Collector of Customs 2009 PTD 1902; Government of Pakistan v. Village Development Organization 2005 SCMR 492; Mohsin Raza v. Chairman FBR PTCL 2009 PTD 1507; Chief Secretary,…
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