KARACHI: A divisional bench of High Court of Sindh (SHC) comprising Chief Justice Sajjad Ali Shah and Justice Zulfiqar Ahmed Khan on Tuesday disposed of a constitution petition filed by “Non Executive Directors” of the AMI Company limited.
The bench hearing Barrister Khalid Anwar counsel for petitioners Asim Siddiqui, Sharique Siddiqui, Danish Siddiqui and Saba Haleem, sons and wife of Captain Haleem Siddiqui, a former federal minister during 1997 cabinet of Mian Muhammad Nawaz Sharif. The counsel for petitioner expressed the apprehension that Pakistan Customs will arrest the petitioners as they have lodged the FIRs and submitted interim charge sheet against them.
The petitioners are not in active business. They are not the beneficiaries of any illegal act and hence are entitled to protection by the court, the counsel submitted praying that 14 FIR lodged, any interim challan submitted as illegal and to restrain the respondents including Appraising Officer (Research and Development) MCC West, Deputy Collector, West and Investigating Officer of the cases from arresting the petitioners. He maintained that Saba Haleem is a homemaker who never stepped into office of AMI in her life, like wise Danish Siddiqui who is in London since past ten years.
Kashif Nazeer advocate, counsel for Pakistan Customs extending an unusual concession said that Customs is ready to make a statement that the petitioner will be arrested or proceeded against only after seeking permission from this court (SHC).
He submitted those petitioners are not named in the FIR or interim challan yet. We will sent a questionnaire to the petitioners for a reply. We will not even call them to record their statement, counsel for Pakistan Customs, Appraisement, West said. We just want a formal statement from the accused, he said.
The bench after consent by the counsel for respondent Pakistan Customs recorded the statement of counsel in the order that petitioner s will not be proceeded against without prior permission of the SHC. The bench however said that respondents are at liberty to proceed against executive officials including managers.
Earlier in memo of the petition, petitioners maintained that AMI is a Freight Forwarding company and part of Marine Group which also owns Pakistan International Cargo Terminal (PICT) and its profit in previous financial year is of rupees 3 billion. The case involve import of fabric by importers Badar Computer Enterprises, R.Usman Enterprises, Famitex and Amin and Co, says the petition adding that as per allegations import manifest was filed online by certain employees of petitioner at the behest of the importer. Apparently Master Agent of the vessel and Customs Agent of the importer may have been involved in the mis-declaration, the petitioners maintain shifting burden of the crime onto others and absolving themselves.