ISLAMABAD: An appellate bench of Supreme Court of Pakistan headed by Chief Justice Saqib Nisar allowed three identical civil appeals filed by Pakistan Customs challenging a consolidated judgment in a case Indian grey fabric commonly known as “Horizon International case”.
The apex court set aside the order passed by SHC bench comprising Justice Munib Akhtar and Justice Omar Sial which allowing dozens of petitions filed by importers of grey fabric ordered Pakistan Customs to release the consignments. SHC rejected the stance taken by the Pakistan Customs that the consignments in dispute were of Indian origin or made in India and thus fell under list of banned items.
Raja Muhammad Iqbal advocate appeared for the department and argued the appeals before the apex court. Earlier the top court rejected an application for stay of order passed by the SHC and instead fixed the case for a final hearing on Feb 07. On the same date SHC was set to hear a criminal contempt application against the appellants/custom officials for not releasing the consignments. They also told the court that in defiance of SHC’s judgment, alleged contemnors/respondents are not issuing delay detention certificate.
Abdul Rasheed Shaikh, Chief Collector, South, Saeed Akram Collector Port Muhammad Bin Qasim, Yaseen Murtaza Additional Collector Customs Port Muhammad Bin Qasim were named as alleged contemnors who were ordered to release the consignments immediately.
The petitioners/importers could not lift the consignment due to controversy over demurrage and port charges payable to terminal owners etc mean while