KARACHI, Feb 13: The Sindh High Court has admitted a petition for regular hearing in which the petitioner has contended that the FIA has no jurisdiction in respect if valuation and classification of imported goods.

A division bench, consisting of Justice Ataur Rahman and Justice Mujeebullah Siddiqui, passed the order when the petition of Zarrar Hyder Shah and Noor Zaman Khan came up.

The Federal Investigation Agency, which has been made the respondent, has also been restrained from doing what has been contended to be beyond their jurisdiction.

The petitioners, represented by Khwja Naveed Ahmed, advocate, had contended that certain goods were imported and a dispute arose in respect of the valuation and classification under various PCT headings.

Instead of the matter being handled by the customs, the FIA got involved and ultimately a dispute arose regarding jurisdiction of the FIA vis-a-vis the customs in handling such types of matters.

An inquiry committee was constituted comprising members of the FIA, customs and an independent expert. The matter had evoked resentment and protest by the customs staff.

It is the case of the petitioners that under the provisions of the Customs Act of 1969, Section 2 (b) of the said Act defines appropriate officer which does not include the officers of the FIA. It has also been contended that the action of the FIA has violated the international obligations of the country as member of the WTO. It was also termed a violation of the provisions of the FIA Act of 1974.

The petitioner has demanded permanent injunction prohibiting the respondents directly or indirectly from taking any action against them.

The court held that the petition required consideration and admitted for hearing on Feb 19. Amir Hani Muslim, Deputy Attorney-General, represented the respondent.

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