KARACHI: A two-member bench of the Sindh High Court (SHC), comprising Justice Muhammad Junaid Ghaffar and Justice Agha Faisal allowed more than 112 constitutional petitions filed by M/s Quality Steel Re-Rolling and others more than 100 importers and directed Nazir of the court to return the surety/ bank guarantee submitted by the importers.
On 17 April 2021, court released written order, according to the verdict Salman Yousuf, advocate holding brief for Mrs Navin Merchant Advocate, Iftikhar Ahmed Bhutto, advocate holding brief for Barrister Kamal Azfar, advocate, Ghulam Nabi Shar, Yasir Ali, Imran Iqbal Khan, Muhammad Adeel Awan, Syed Irshad-ur-Rehman, Muhammad Waleed, & Darvesh K. Mandhan, Advocates appeared behalf the petitioners.
However, Ameer Bakksh Metlo, Muhammad Khalil Dogar, Shahid Ali Qureshi, Kashif, on behalf of Dr. Shah Nawaz Memon, Muhammad Aqeel Qureshi, Zulfiqar Ali Khan, Imran Ali Mithani, Irfan Mir Halepota, Zubair Hashmi, Qaim Ali Memon, Syed Mohsin Imam, Khalid Rajpar, Sarfaraz Khan Marat, Mirza Nadeem Taqi, Imran Ali Mithani, Noor Nabi, holding brief for Khalid Mehmood Siddiqui, Mohabbat Hussain Awan, Masooda Siraj, Mr. Javed Hussain, Okash Mustafa, holding brief for Mr. Muhammad Bilal Bhatti, Muhammad Taseer Khan, Zulfiqar Ali Mirjat, Ameer Bukhsh Metlo, Advocates appeared behalf of respondents and Kafeel Ahmed Abbasi, Deputy Attorney General and Tariq Aziz, Principal Appraiser, PMBQ also attended the court.
After the hearing, the court observed in its order that “we have heard all the learned counsel. For reasons to be recorded later on, all these petitions are allowed to the extent of SRO 583(I)/2017, dated 01.07.2017, which is hereby declared to be ultra vires, being in violation of the law declared by the Honorable Supreme Court in the case reported as PLD 2016 SC 808 (Mustafa Impex and Others vs. The Government of Pakistan and Others).
The securities / sureties, furnished if any, before the Nazir of this Court stand discharged. Nazir to act accordingly. Office is directed to place a copy of this order in the connected petitions as mentioned above”.
