ISLAMABAD: The top customs officers were taken to the Lahore High Court for their involvement in the Prime Movers’ scam.
Accepting the prayer in the writ petition filed by Dr. Kamal Azhar Minhas, Director (BS-20), Directorate General of Post Clearance Audit, the Lahore High Court Lahore has ordered the federal law officer to send a writ petition to the Chairman Federal Board of Revenue to pass a fresh order within two weeks after giving the petitioner an opportunity of hearing. In the writ petition and prayer, the most important point highlighted by Dr Kamal Minhas is the involvement and vested interests of the customs officers and staff in the prime movers’ scam and their ulterior motives in getting him posted out and forcing to relinquish the charge of the office of the Director (HQ), Directorate General of Post Clearance Audit, Islamabad. Besides the Federation of Pakistan through Secretary Establishment Islamabad, the Chairman of the Federal Board of Revenue Islamabad, Member (Customs), Federal Board of Revenue Islamabad, Director General, Post Clearance Audit, Customs House Islamabad, Hamid Ali (PCS-BS-20), Federal Board of Revenue Islamabad, Shafqaat Ahmed, Deputy Director/Accounts Officer, PCA, Customs House Islamabad and Collector MCC (Islamabad), Customs House Islamabad have been made respondents who barred the petitioner to carry out his official duties.
It is learnt that Dr. Kamal Azhar Minhas appeared in person before the Lahore High Court Lahore and pleaded his case in person. While reposing his trust, gratitude and admiration for the Chairman FBR’s integrity, transparency and professionalism, Dr. Kamal has centered his prayers to the Chairman FBR to examine and take action. According to the grounds mentioned in the writ petition, Dr. Kamal Minhas has stated that ever since unearthing of the prime movers’ scam, he faced unprecedented resistance from within the department of the PCA, MCC (Appraisement) Lahore, Collectorate of Customs (Adjudication) Lahore and the Customs Wing of the FBR. The antagonism with him aggravated with the filing of seven (07) FIRs on 16.2.2017 against five importers and others on the charges of smuggling, fraud and mis-declaration flouting the principal of entitlement laid down by the Sind High Court in C.P No. D 7925/2015 and upheld by the honorable Supreme Court of Pakistan in C.P.No.452-K/2016 and C.P.No.456-K/2016, which, inter alia, necessitates investigations with the customs staff for their role.
When it became evident to customs staff that there were scores of criminal and hundreds of other cases ready for institution wherein the lapses and involvement of customs staff and officers, including them, was more evident pronounced and established, an all-out campaign was run to get him transferred and posted out from the PCA Islamabad against a non-vacant post and that too after a tenure of less than a year at the PCA Islamabad and for the remaining period of seven (07) months before retiring from the service.
The Chairman FBR passed a decision/order dated 19/4/2017 confirming the modified transfer order dated 31/3/2017 of Dr. Kamal from Director, the Post Clearance Audit Islamabad to Chief, Federal Board of Revenue Islamabad for the remaining five months of his service. Earlier on 03/03/2017, he was transferred to a non-vacant post of Director (ICOC) Karachi for which a supernumerary post was created on 20/3/2017 to force him to leave the PCA and go to Karachi. The petitioner has prayed for a speaking order by the Chairman taking into considerations/ submissions/facts/documents already on record and to be placed on record. It has also been prayed that two notifications No.0786-C-I/2017 dated 09/3/2017 and No.1173-C-I/2017 dated 10/4/2017 regarding relieving of officers may be declared null and void ab initio being illegal, invalid and without lawful authority. Since 24th of March 2017, competent authorities through verbal orders have forced the officers and staff of the Directorate General PCA not to rout any file, letter and correspondence to the petitioner, not to attend and report to the petitioner in his capacity of Director (HQ) PCA, Hamid Ali has illegally and without lawful authority started exercising the functions including fiscal and administrative matters pertaining to Director (HQ) PCA in spite of the fact that the petitioner has not relinquished the charge of the only post of Director (HQ) PCA Islamabad.
Orders Nos. 1078-C-I/2017 and 1173-C-I/2017 were issued on 31/3/2017 and 10/4/2017 respectively. It has been further stated that competent authorities, contrary to the office norms and decorum, verbally restricted and prohibited meeting of every officer and staff of the Directorate General with the petitioner. Logistics support, including telephone, fax, internet and newspaper, was withdrawn, which practically made the petitioner incommunicado. Dr Kamal Minhas has prayed the chairman to take cognizance of unauthorized exercise of the authority of Director (HQ) PCA Islamabad by Hamid Ali (BS-20), Federal Board of Revenue Islamabad, since 24/3/2017 against the single post of Director (HQ) PCA Islamabad. It has been further prayed that the Chairman FBR to examine and take cognizance of the illegality of verbal orders and undignified actions of authorities concerned for barring the petitioner to carry out his official duties, made him incommunicado by forcible takeover of his office and banning his entry into the Customs House Islamabad.
In his writ petition, two more prayers have been made for the Chairman FBR; first is to evolve an objective and transparent mechanism of Human Resource Development including transfer & posting and career development for the officers of the Federal Board of Revenue.
