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KARACHI, Oct 7: The Sindh High Court dismissed as not maintainable writ petitions moved by the importers of the allegedly contaminated betel nuts and advised them to institute civil suits to seek release of their consignments seized by the customs authorities.
The consignments were seized by the customs under the import policy, which placed in the ‘negative list’ any edible item unfit for human consumption and empowered them to withhold its release. The petitioners claimed that the customs had no authority to adjudge fitness of food items and it was for the food department under the foodstuffs law to decide such matters. Divergent reports obtained from various laboratories were produced by the petitioners and the customs to substantiate their conflicting claims.
The petitions were moved under Article 199 of the Constitution and a division bench observed that they involved disputed questions of fact, which could not be decided in exercise of the high court’s writ jurisdiction.
The petitions, the bench comprising Justices S. Ahmed Sarwana and M. Mujibullah Siddiqui observed, required recording of evidence and examination and cross-examination of witnesses, particularly the various analysts who signed the divergent reports, and this could not be done in the court’s constitutional jurisdiction.
Advising the petitioners to seek remedy from a civil court of competent jurisdiction, the bench asked the customs authorities not to release the seized consignments until the dispute had been settled by a court of law.
It also called for an inquiry into the divergent reports emanating from the Aga Khan University laboratories. The official assignee was asked to write a letter to the Aga Khan University Hospital chief in this regard.
The bench expressed its disappointment that divergent reports were issued within two days. One reports was dated Sept 15 and the other Sept 17. The Sept 15 report was later described as ‘fake’. How could a reputed institution like the AKUH allow a ‘fake’ report to be attributed to it, the bench asked, calling for a top-level inquiry by the Aga Khan University authorities.
TASMAN OIL: The Sindh High Court told the Pakistan Refinery Limited on Tuesday that it would take delivery of the oil carried by the grounded vessel Tasman Spirit from the auxiliary ship, Endeavour-II, without prejudice to the rights and contentions of the parties involved in the case.
The consent order was passed by Justice Anwar Zaheer Jamali on an application moved by the PRL through Barrister Akbar Mirza for clarification of the Sept 30 order of Justice Ataur Rahman, who was earlier seized of the suit. The suit has been instituted by six insurance companies through Barrister Qazi Faez Isa for the recovery of Rs883.296 million from the Tasman Spirit owners on account of the alleged loss they caused by transporting the insured oil on an old ship. Both the Tasman Spirit and the Endeavour are under arrest in pursuance of an SHC order.
The plaintiffs have already offered to bear the cost of unloading and other sundry expenses. The Sept 30 order allowed an application by the plaintiffs for transfer of the 36,000 tonnes oil salvaged from the Tasman Spirit and stored aboard the Endeavour to the PRL.
The order said the PRL would be entitled to consume the oil to save it from deterioration but would make an equivalent quantity available ‘till further orders’.
The refinery would also submit fortnightly reports on the quantity and quality of the oil to the official assignee. The application was opposed by the defendant shipowners, who wanted its disposal simultaneously with a decision on their application for the release of the two ships.
The plaintiffs, meanwhile, submitted an additional affidavit on Tuesday with photographs to substantiate their claim that the two ships belonged to the same owners. Further hearing was adjourned to Oct 15. The Karachi Port Trust and the PRL have been joined in the proceedings as pro-forma defendant and intervener, respectively.
SINDH ALKALIS CASE: The Sindh High Court on Tuesday appointed its Nazir to inspect the Sindh Alkalis office and factory premises and make an inventory of the machinery and other valuable articles of the insolvent company to ensure the interests of its shareholders. Justice Zia Perwez asked the Nazir to ensure that no piece of machinery was removed from the premises by anybody, including the management.
The order was made when the management sought time to file its comments on the employee shareholders’ petition for formal liquidation of the company and the petitioners’ counsel, Noor Naz Agha, pressed for the appointment of a provisional manager. She said the petitioners would suffer an irreparable loss if the machinery or other valuable articles were removed from the factory premises or the company record was tampered with during the pendency of their petition.
The Securities and Exchange Commission of Pakistan, meanwhile, endorsed most of the contentions raised by the petitioners. Additional registrar for companies Tahir Mahmood submitted that the company was unable to pay its debts or run profitably. There was no possibility of its revival. It should be compulsorily wound up as requested by the petitioners. However, a person other than the SHC official assignee be appointed liquidator as under Section 321 of the Companies Ordinance, a person could not be appointed liquidator for more than three companies at a time. Oct 9 was fixed as the next date of hearing. Another shareholder was allowed to join in the proceedings as a co- plaintiff.
