SHC remands 11 year old SCRA’s to Appellate Tribunal for rehearing

KARACHI: Fifteen Special Customs Reference Applications filed by the Collector Customs, (Appraisement) were remanded back to the Special Customs Appellate Tribunal for decision on facts and law within a period of ninety days from the date of receipt of order (17-2-2020).

The SCRA’s were as old as of 2009. According to the order the only issue involved in these SCRA’s was that “Whether criminal matters could have any bearing on te civil matters pertaining to the same person”. The bench heard Khalid Rajpar Advocate representing the Collector Appraisement and Sohail Muzaffar advocate for respondents.

The bench comprising Justice Irfan Saddat Khan and Justice Fahim Ahmed Siddiqui after detailed hearing held that issue above has been set to rest in a number of judgments by the Supreme Court of Pakistan and it is now well settled that a decision given in a civil matter is not attributable to a criminal matter and vice versa as both fall on different pedestals.

The SHC appellate bench by consent of the parties disposing the SCRA’s while remanding back the same ordered affording of proper opportunity of hearing to the parties. It also directed the Chairman of the Appellate Tribunal to ascertain that whether these matters could be heard and decided by a Single Member or a divisional bench of the tribunal.

According to details the accused Hafeez Gul Kapoor allegedly using his front men mostly his employees imported caustic soda on fake invoices in the name of fake companies. The matter at the appellate stage was heard and decided by a single member while according to contesting department, it was to be heard by a two member bench of the appellate tribunal.

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