| Citation(s) |
|---|
| 1995 SLG 1126 1995 SLD 1126 1995 CLC 1289 |
Lahore High Court
Writ Petition No. 13671 of 1993, decision dated: 16-04-1994
IHSAN-UL-HAQ CHAUDHRY, J
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Writ Petition No. 13671 of 1993, decision dated: 16-04-1994
IHSAN-UL-HAQ CHAUDHRY, J
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ALI ENTERPRISES
VS
FEDERAL GOVERNMENT and others
Law:
Section:
Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction---Exercise of---Factual constroversy--Petitioner/importer in his Constitutional petition had alleged that action of respondent/Custom Authority was illegal being discriminatory as similar consignments of others had been cleared by Authority while his consignment had not been assessed---Respondent Authority pointed out that petitioner had himself disowned the disputed consignments and in proof thereof Authority had annexed a letter allegedly written by petitioner---Petitioner though had admitted that annexed letter was written by him but had alleged that same was got done under threats by Custom Intelligence---Factual controversy was whether alleged letter disowning consignment was written by petitioner under threat or not---High Court, held, was not a proper forum to determine such factual controversy in exercise of its Constitutional jurisdiction in circumstances. Zafar Iqbal Bajwa for Petitioner.. A. Karim Malik for Respondents. Date of hearing: 16th April, 1994. JUDGMENT The petition was admitted to hearing and notices were issued to respondents, who have appeared and contested petition. The learned counsel for the petitioner in support of the petition as argued that similar consignments of others have been cleared by the Customs while the consignment of the petitioner has not been assessed, therefore, the action of the respondents is illegal being discriminatory. It is added that…
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