PESHAWAR, Sept 26: The Peshawar High Court (PHC) on Tuesday put off hearing on a writ petition filed by federal Interior Minister Aftab Sherpao, seeking exemption from payment of Rs10 million as customs duty levied on the import of a Mercedes car.

The petition had been pending with the high court for over four years. The car was imported by Mr Sherpao in 1996 when he was the chief minister.

The high court has already stayed the recovery of the impugned amount from the petitioner by suspending the impugned order issued by the collector customs in 1999.

On Tuesday, the case was fixed before a two-member bench comprising Justice Ijaz Afzal and Justice Jehanzeb Raheem. Due to lack of time, the bench decided to put off hearing.

Advocate Zafar Abbas Zaidi appeared for Mr Sherpao whereas Deputy Attorney General Salahuddin Khan represented the federal government.

The petitioner has contended that he was not the only person who imported such a car, and a number of other dignitaries had also availed of the facility. He said that he was the chief minister of NWFP in 1996 when an Act was passed by the parliament whereby various dignitaries were exempt from paying customs duty on import of a luxurious vehicle. He added that he had imported the car after that Act, and thus he was exempt from payment of the custom duty.

The respondents, including the Cabinet Division and the Central Board of Revenue, claimed that Mr Sherpao had not produced the exemption certificate.

They stated that Mr Sherpao was not exempt from the duty. Under a Presidential Order, only the president, the prime minister as well as governors and chiefs of the three forces were given a one-time exemption from the customs duty on import of a vehicle up to 3200 CC, they added.

The CBR claimed the chief ministers were not mentioned in that order, and when Mr Sherpao was informed of this, he sought time for production of am exemption certificate. But when he failed do so, the government issued him a notice to pay Rs10 million worth of customs duty.