KARACHI: A customs appellate bench of High Court of Sindh disposed of a petition directing the Special Customs Appellate Tribunal (SCAT) to decide the appeal before it “within shortest possible time”.
The bench was hearing a petition in which an appeal is already pending decision before the tribunal. “Since an appeal is pending before the tribunal, Petitioner is directed to avail the remedy before the tribunal” the bench said in its order. The bench also agreed to the contention of counsel representing federal government who contended that petition is pre-mature as Petitioner has sought remedy from the tribunal by way of filing the appeal.
The bench after hearing the sides disposing of the petition ordered that “in the circumstances, We direct the chairperson of the Tribunal to take up the matter and decide the same in accordance with law within shortest possible time”.
The order implies that once an appeal is filed before the SCAT, appellant has to wait for outcome of the appeal and he could not seek any relief from the High Court in the meanwhile adding to the misery of importers etc who earlier could approach the superior court for provisional relief/release.