KARACHI: A two-member bench, headed by Justice Muhammad Junaid Ghaffar dismissed a constitutional petition with cost of Rs10,000/- (to be deposited in the account of Sindh High Court Clinic) filed by importer Arshad Mehmood Awan and others, who had challenged SROs 1067(I)/2017 dated 20.10.2017 and 1237(I)/2017 dated 04.12.2017.
On 10 March 2021, a division bench of the Sindh High Court passed an order and observes that “through this Petition, the Petitioner has sought the following relief: –
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“A. Declare that both the SROs 1067(I)/2017 dated 20.10.2017 and 1237(I)/2017 dated 04.12.2017 are in gross violation of fundamental rights guaranteed to the Petitioners specially Article 9 as well as the doctrine of legitimate expectations, concept of good governance, stability and consistency of fiscal policies.
- Declare that the Automotive Development Policy issued by Respondents No. 4(a) shall remain in force at least for five years and shall not be altered during the fiscal year after announcing the budget, therefore, the impugned SROs 1067(I)/2017 dated 20.10.2017 and 1237(I)/2017 dated 04.12.2017 are totally destructive to the Import Policy and liable to be strike down”.
Court mentioned in its order that “ as informed by the learned Counsel for the Petitioner, during pendency of this Petition the Petitioners in compliance of the policy impugned herein, had got the Vehicle released after fulfilling conditions stipulated in the impugned policy, through which being aggrieved, instant petition was filed, and while confronted, learned Counsel for the Petitioners submits that since vires of the policy were challenged; hence, the Court shall decide the issue on merits., notwithstanding compliance of the same by the Petitioners.
