KARACHI: A division bench of the Sindh High Court (SHC) issued pre-admission notices to customs department and assistant attorney general on a constitutional petition filed by Customs & Sales Practitioners Association (C&SPA) through its secretary seeking an order for appointment of members and chairman of customs appellate tribunal under section 194 of the customs act, 1969.
On 1 October 2020, during the hearing, Aqeel Ahmed Khan, Zia ul Hassan and Imran Iqbal Khan appeared on behalf of the petitioner and Muhammad Aminullah Siddiqui, assistant attorney general for the state and argued on the matter.
After the hearing, court observed in its order that “instant petition has been filed by customs & sales tax practitioners association expressing their grievance against the federal government, who according to the petitioners, has not prescribed rules in terms of section 194 of the customs act, 1969 for purpose of appointment of judicial and technical members of the customs appellate tribunal, whereas according the petitioners, out of sanctioned posts of 11 members including chairman, judicial member and technical members, currently there are only two technical members and resultantly the customs appellate tribunal has become dis-functional and the importers and other litigant parties are facing serious hardship in this regard.
Petitioners submitted that similar petitions have been filed before Islamabad High Court and Lahore High Court, wherein notices have been issued to the respondents, federal government, therefore, requests that notice of instant petition may be issued to the respondents”.
After the hearing, court issued notices and directed them to file their para wise comments on next date of hearing.
Earlier, counsel for the petitioners stated that the chairman of customs appellate tribunal appointed under section 194 of the act, 1969 constituted division benches and six single benches consisting three judicial members and three technical members appointed under section 194 of the act, 1969 to exercise powers an discharge the functions conferred on the appellate tribunal by the customs act.
Counsel argued that after substitution of section 194 of the act, 1969 on Dec 28, 2019 neither rules under section 194 have been framed nor approved by the ministry of Law for appointments of members and chairman of customs appellate tribunal on the other hand the post of members and chairman and already appointed tribunal have become vacant due to which the customs appellate tribunal and its benches in Karachi could not exercise the powers and discharge functions conferred on it by the customs act, 1969.
Citing Ministry of Law, Chairman FBR and Assistant Registrar customs appellate tribunal as respondents, petitioner pleaded the court to direct them to appoint judicial and technical members including chairman of customs appellate tribunal for constitution of benches in Karachi forthwith or expeditiously to exercise powers and to discharge functions conferred on tribunal under the customs act, 1969 and rules made there under.
He further pleaded the court to direct chairman FBR to refrain from taking any adverse action against the litigants whose appeals and applications are pending for hearings and appropriate order before the non functional customs appellate tribunal, Karachi bench.
