Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Constitution of Pakistan, 1973

Section: 185(3)

The apex court, taking strong exception of unlawful action of the Customs officials, held that exercise of official authority in a manner in which a person is made victim of misuse of the process of law is violative of the constitutional guarantees in respect of the rights of the citizens and a person responsible for violation of such rights must face legal consequence. FACTS/HELD 1. This is an admitted fact that vehicle was registered in the name of respondent and he also showed the documents of registration to the customs officials who having detained the car, insisted the production of import documents there and then for release of the case. 2. The law certainly provides protection to a public servant for doing a lawful act in discharge of his duty but no such immunity can be claimed by a person for committing an illegal act in his official capacity as a public servant. The learned counsel for the petitioners has not been able to satisfy us that the Custom Authorities have unbridled powers under Customs Act, 1969, to detain the goods of foreign origin at anytime by raising the presumption that same were not brought into Pakistan in a lawful manner. The Custom Authorities and such other public functionaries are not above the law to command absolute authority in exercise of their power and in absence of any proof that goods in possession of a person were brought into Pakistan in violation of any law, have no authority to detain such goods merely on the basis of suspicion. 3. We having heard the learned counsel for the petitioner have not been able to find out any defect in the judgement of High Court and instead are of the view that the detention of the car was an act of highhandedness which having been committed through misuse of the official authority, may constitute misconduct in terms of Civil Servants (E&D) Rules, 1973 read with Removal from Service (Special Powers) Ordinance, 2000. The exercise of official authority in a manner in which a person is made victim of misuse of the process of law is violative of the constitutional guarantees in respect of the rights of the citizens and a person responsible for violation of such rights must face the legal…

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