Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art. 199-Import Policy Order, 2005-06---Notification S.R.O. 634(I)/2004, dated 22-7-2004---Notification No. S.R.O. 734(I)/2005, dated 21-7-2005---Constitutional petition---Import of vehicle under Gift Scheme---Effectiveness of policy---Declaration by High Court---Retrospective effect---Scope---Vehicle imported by petitioner arrived 18 days prior, to the date of effectiveness of the beneficial Import Policy Order 2005-06, which enlarged the right to import vehicles under Gift Scheme---At the time of promulgation of the Policy Order in question, no action was taken by authorities on their allegation as to importability of petitioner's vehicle---Validity---Issue of importability of vehicle in question was a case under process and pending proceedings at relevant time---As no clearance or charging order of the vehicle was passed on or before the date when beneficial Import Policy Order was issued, therefore, matter of importability of the vehicle was not a past and closed transaction on the relevant date---Declaration by court giving retrospective effect to Import Policy 2005-06 was not a relief that was within the competence of authorities who were bound to implement notification S.R.O. 634(I)/2004, dated 22-7-2004, in its strict terms and for such relief constitutional petition represented a competent remedy---High Court declared that concession under Import Policy Order, 2005-2006 should be made available to the petitioner with regard to import of the vehicle---Petition was allowed accordingly. Collector of Customs Lahore and others v. Messrs World Traders C.A. No.1882-2002; Ellahi Cotton Mills Ltd. and others v. Federation of Pakistan and others PLD 1997 SC 587; Messrs Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652 and Anoud Power Generation Limited and others v. Federation of Pakistan and others PLD 2001 SC 340 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Statutory instrument---Date of effectiveness-Scope-When petition calls in question the date of effectiveness of a statutory instrument, for such purpose constitutional…

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