Law: Customs Act, 1969

Section: 194C(3)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Customs Act (IV of 1969)--- ---S. 194-C(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Customs Appellate Tribunal---Constitution of Bench---Objection---Non-inclusion of Member (Technical) from the nearest tribunal---Allegation of mala fides against Chairman, Customs Appellate Tribunal---Petitioner/Collector Customs contended that Chairman, Customs Appellate Tribunal had constituted a Bench without recording reasons for avoiding to include a Member (Technical) from nearest tribunal i.e. Peshawar and inducted a Member from farther part of the country i.e. Karachi; that Chairman had constituted the Bench in a hasty manner, which cast doubt upon his intentions---Validity---Perusal of record showed that through a written application, the petitioner (Collector of Customs) requested inclusion of a Member (Technical) in the Bench, which was allowed by the Chairman and the Bench was reconstituted by inducting Member (Technical)---Petitioner now again sought inclusion of a specific Member from Peshawar instead of Karachi---Such claim of petitioner did not find support from the law on the subject, as S. 194-C of Customs Act, 1969 empowered the Chairman to constitute Benches---None of the parties to a judicial or quasi-judicial proceedings could claim hearing by a Bench of his choice---Constitutional petition was dismissed accordingly. (b) Discretion--- ----Every authority vested with discretion was under an obligation to exercise the same transparently and judiciously. (c) Administration of justice--- ----Bench---Preference of litigant---None of the parties to a judicial or quasi-judicial proceedings could claim hearing by a Bench of his choice. ORDER MUHAMMAD ANWAR KHAN KASI, C.J.---Captioned petition and W.P. No.2508 of 2013 contain identical question, therefore, being decided by the single order. Petitioner questions the order whereby respondent No.1 [learned Chairman Inland Appellate Tribunal] dismissed his application highlighting objection qua constitution of Bench without inclusion of Member (Technical) from Peshawar. Learned counsel for petitioner submits that constitution of the Bench was done with mala fide intentions, without recording…

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