LAHORE: The Lahore High Court (LHC) on Tuesday directed the chairman of the Federal Board of Revenue (FBR) to decide applications of a ‘whistleblower’ challenging his suspension allegedly for disclosing a nexus between customs officials and smugglers.

Syed Amir Shabbir, a sepoy in customs intelligence, posted at the FBR was suspended by the authority apparently in violation of the Public Interest Disclosure Act, 2017, which protects a complainant or witness against adverse actions including suspension and dismissal from service.

He approached the LHC against the authorities for not taking action on his application exposing the customs-smugglers nexus and his subsequent suspension.

Advocate Sarfraz Ali Dayal, the counsel for the petitioner, argued before the court that an employee cannot be subjected to suspension or any adverse action after making a public interest disclosure to the competent authority as this comes under protection given in section 10 of the Public Interest Disclosure Act, 2017.

The counsel said it would be appropriate if a direction was issued to the FBR chairman to decide the petitioner’s applications expeditiously. An assistant attorney general raised no objection to the request of the petitioner’s counsel.

At this, Justice Shakil Ahmad disposed of the petition, ordering the FBR chairman to decide the petitioner’s applications, if pending, expeditiously preferably within 15 days in accordance with the law.

Shabbir had filed a complaint to the authorities about the alleged nexus of his immediate bosses with smugglers.

With his complaint, he also furnished a list of the smugglers allegedly working hand-in-glove with the customs officials. He was sent on forced leave by his director after he allegedly refused to withdraw the complaint.

The LHC on Aug 7, ordered the FBR chief to decide the applications of Shabbir within one month from the date of receipt of a certified copy of the court order.

However, the authorities already suspended the petitioner when a certified copy of the LHC order was presented to them.

An order issued by the deputy director (HQ) of intelligence and investigation customs bearing the handwritten date of August 13, says Shabbir has been suspended with immediate effect for a period of 120 days.

Published in Dawn, August 21st, 2024