KARACHI: Contempt notices issued to customs officials
By Our Staff Reporter
KARACHI, May 17: A division bench of the Sindh High Court issued contempt notices to former collector and deputy collector of customs for appraisement for not complying with a court order.
A petitioner alleged that he imported electronic goods but the customs authorities declined to release the consignment when he failed to pay Rs 1.6 million in duty which, according to him, was in excess of amount due. The consignment arrived in October 2002 and the importer waited for four months before approaching the high court.
He agreed to pay and the customs authorities agreed to receive the assessed amount in the course of proceedings on his petition. The court accordingly ordered release of the goods on payment of Rs 1.6 million as demanded by the authorities.
Despite the order, however, appraisement collector Abdul Waheed Khan, since transferred to the customs tribunal as its member, and deputy collector Dr Tariq Rahman, now posted in the Central Board of Revenue, refused to release the goods. They said he was liable to pay double the amount initially assessed because of delay. The consignment could be released only on payment of Rs 3.2 million as duty under the law and rules, they said.
A bench, comprising Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery, issued notices to the respondents. Advocate Khwaja Shamsul Islam appeared for the petitioner.
CONTEMPT PETITION: Another division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Maqbool Baqar, disposed of a contempt petition against Karachi Port Trust Chairman Admiral Ahmad Hayat, KPT Board Secretary Khalid Mubeen and member (legal) of the board, Bashir Ahmad, when they expressed their regrets and undertook to refrain from acting on a resolution passed during the pendency of a petition but not disclosed to the court.
M/s Transworld Cargo moved a writ petition through Advocate Abdul Hafeez Pirzada alleging that despite being the lowest, their bid for constructing a terminal at the port was not accepted and that the contract was being awarded to another bidder on the basis of favouritism.
The petition came up for hearing on Aug 10, 2004, and the KPT authorities said in their counter-affidavit that no decision had been taken by then. The petitioner company said the KPT board had actually passed a resolution to award the contract to its rival bidder much before the date of hearing but the fact was withheld from the court. It moved for contempt.
The KPT chief and officials appeared in response to the court notice and expressed their regrets. They said the impugned resolution did not amount to a decision and no further action would be taken in pursuance thereof.
Dropping the contempt proceedings, the bench directed that the main petition would be heard and disposed of at the preliminary hearing at an early date.
Meanwhile, the Sindh High Court disposed of as infructuous on Tuesday a habeas corpus petition when the petitioner submitted that her two sons have returned home safe and sound.
Ms Nuzhat Afzal, widow of the late MPA Afzal Anwar, moved the petition in August 2004 stating that her sons, Zain and Kashan Anwar, were picked up by ‘unknown agency personnel’ and had not been heard of since. She said according to the police, no case was registered or was pending against them at any police station.
A division bench ordered registration of a case in respect of their disappearance as alleged by the petitioner.
As the petition came up for hearing before a division bench, comprising Justices Sarmad Jalal Osmany and Azizullah M. Memon, Advocates Chaudhry and Shiraz Iqbal, counsel for the petitioner, stated that the ‘missing’ boys have returned home. They were freed by their captors on Sharea Faisal on April 24 after a confinment of over eight and half months.
The counsel submitted on behalf of the petitioner that the boys knew nothing about their kidnappers as they were kept blindfolded in custody.
Additional Advocate-General Sarwar Khan and the Liaquatabad TPO informed the court that a case of kidnapping was registered as ordered and investigations were in progress. The kidnappers did not contact the petitioner or anybody else for ransom, they said.
PLEA DISMISSED: The Sindh High Court dismissed as not maintainable a transporter’s petition against harassment by the National Highway Authority for carrying cars in trucks and trailers.
Federal government counsel Syed Mahmood Rizvi argued that cars and other vehicles could be transported only by specifically designed carriers.
Transporters, including the petitioner, were asked in July 2003 to arrange, import and ply special car carriers. The law and rules barred the NHA and its police from allowing transportation by other vehicles. He said there had been incidents wherein cars slipped from the ordinary trucks and trailers and caused accidents on the highway.
The motorway and highway police, he said, is empowered to detain unauthorized vehicles carrying cars.
