KARACHI: The Sindh High Court (SHC) has adjourned the hearing of a constitutional petition with caution that, if no one attends the next hearing on behalf of the petitioners, the interim order will be re-called. The court ruled this on the petition filed by Chaudhry Shabbir Hussain and Shamshad Begam, challenging a case of tax fraud against them.
A two-member bench, headed by Justice Aqeel Ahmed Abbasi, was hearing the petition. During the hearing, the petitioners called absent and no intimation was received. However, counsel for the Customs Department requested for time to file para-wise comments. The court granted time and directed the respondents to file their para-wise comments on the next hearing for a date to be fixed in the third week of January, 2017.
Earlier, counsel for the petitioners submitted that petitioner no 1 is sole proprietor and is operating his business in the name and style of M/s Shabbir Jan and Co and is registered in the sales tax department as an importer, exporter and wholesaler and has filing his monthly sale tax returns in accordance with law.
According to the petitioners, on September 2, 2013 at least 10 armed officials of the Customs Department barged into the business premises without serving any notice and illegally seized various documents. They also seized various documents of properties owned by the petitioner’s wife Shamshad Begam (petitioner no 2).
The counsel for the petitioners further argued that the officials humiliated and physical tortured the petitioner and lodged an FIR against them. The petitioner was arrested on the allegation of tax fraud under the Sale Tax Act, 1990.
Citing Sectary Finance, the Commissioner Inland Revenue Zone1, TRO, Karachi, Directorate of Intelligence and Investigation, Deputy Director Directorate of Intelligence and investigation and Investigation officer Intelligence and Investigation Inland Revenue as respondents, the petitioners pleaded the court may declare that act of the respondents as illegal, mala fide and arbitrary and restrain them from taking any coercive action against them.
The petitioners also pleaded the court to set aside the FIR and proceedings of the Customs Department against them.
It needs to be mentioned that on the last date of hearing, the court restrained the respondents from taking any coercive action against the petitioners.
