ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition filed by the Federal Board of Revenue (FBR), challenging the special judge’s order allowing super model Ayyan Ali to take her passport back.
Sources told Customs Today that Additional Collector Customs Collectorate, Islamabad, Adbul Waheed Marwat had filed the petition in the IHC, seeking the court to set aside the impugned order given by special judge, customs and taxation, Rawalpindi/Islamabad. The special judge had allowed Ayyan Ali to collect her passport from the Customs Department.
As the proceedings started, Ayyan’s counsel Advocate Latif Khosa appeared before the court and argued that the said petition could not be assumed at the forum of IHC since a special court had already been notified to deal matters related to the case.
IHC judge Justice Athar Minallah questioned the FBR appellant counsel, Farhat Nawaz Lodhi, to answer the objection raised by responding counsel and asked him to inform the court how it could take up the matter since the federal government had already notified another forum to hear the related petitions. Upon unsatisfactory explanation by the appellant counsel, the court dismissed the case.
The court also observed that as the matter was being heard at a special trial court comprising customs and taxation judge, Rawalpindi, therefore an authorized forum was required to file and decide the related application, and underscored that the LHC had already been given this authority by notifying it. “The petition does not invoke the IHC justification since it is not falling under its territorial jurisdiction,” the judge stated.
The petitioner had prayed the court to set aside the impugned order passed by special judge, customs and taxation, Rawalpindi handing over Ayyan’s passport to her despite the fact that charge, under Criminal Procedure Code, 1898, had been framed against her and the trial was expected to be completed soon as it included witnesses who were government servant.
The department further stated that the order was given without jurisdiction and lawful authority. The order was a result of non-reading and mis-reading of record, the petitioner added.
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