Customs Lawyers serves Legal Notice feeling offended by news Item based on SHC order

KARACHI: A legal notice was served upon Custom News.pk by Advocate Khalid Mehmood Rajper, Counsel for Pakistan Customs seeking withdrawal of a news item carried by the website pertaining to an order passed by a division bench of High Court of Sindh, headed by Chief Justice Aqeel Ahmed Abbasi with Justice Abdul Mobeen Lakho as member.

The lawyer took exception to the news item based on order passed by the Honorable High Court of Sindh holding him responsible for incorrect factual position pleaded before the division bench and getting a favorable order on 30.4.2024.

Following is the text of legal notice served:  

CHIEF EDITOR

CUSTOM NEWS

KARACHI.

LEGAL NOTICE

FOR PUBLICATION & WRONG INTERPRETATION OF COURT ORDER IN M/S CHINA TEXTILE CP 1705 OF 2024.

Legal Notice is given to your news publication agency by undersigned counsel for customs FBR, for mis-interpretating the order of the court and wrongly assuming and making custom departmental counsel as accused without any reason and grounds and publishing the same. Therefore, you are hereby given legal notice as per following facts and circumstances of the case with record.

1. That no question arises of misleading the Court, it is here by informed that subject at the first instance when petition was filed by strangers, who have no locus standi to file the same before this Honorable Court, as the same is not having proper jurisdiction, as the main controversy and issue is related to MCC Peshawar Collectorate, causing loss of fraud to Government exchequer amounting to Rs. 1,945,658,274/- (One Billion, Ninety-Four Crore, Fifty Sixty Lacs, fifty-eight Thousand, two hundred & seventy-four rupees) & fine under SRO 499(I)/2009 with penalty to be charged and recovered from Mr. Noor Hawas Khan s/o Hassan Khan CNIC NO. 21201-5809484-1 NTN NO. B102416, proprietor of (M/s Premium Textile, Blanket Industry. 

3. The actual facts and background of the case is that M/s Premium textile Blanket Industry (original consignee of the consignment) was awarded status of EFS by the Collectorate of Customs (Appraisement), Peshawar on 03.10.2023. M/s Premium Textile Blanket Industry imported a high volume of 95 consignments containing 94 containers, and cleared the same from Collectorate of Customs Faisalabad under the EFS scheme. This abnormality in import behavior was noticed by Collectorate of Customs, Faisalabad, which vide its letter C.No.01/CCA(Punjab)/09/2024/Pt/96 dated 26.01.2024 issued by the Office of Chief Collector Punjab to the Office of Chief Collector Peshawar, (from where the unit was allowed EFS facility) to verify whether the containers cleared under EFS scheme had safely arrived at the premises of the unit.

6. pursuant to various information about misuse of EFS facility, an inquiry was initiated by the Directorate of PCA against M/s Premium Textile Blanket Industry. During the inquiry, MIS section received multiple requests for change of consignee M/s Premium Blanket Textile Industry to different consignees, in respect of the unclaimed indices of M/s Premium Textile Blanket Industry, which were carried out by Respondent No. 3, in normal course of business in the light of Public Notice 10/2015 (East), dated 06.05.2015, read with section 45(2) of the Customs Act 1969. However, when the quantum of such requests increased abnormally, Respondent No 3 got alert and enquired the reason behind such requests. It was in this context that she learnt about investigation against M/s Premium Textile Blanket Industry. 

                                                                      iii.      The Directorate of PCA vide letter dated 22.02.2024, informed that pursuant to the ongoing audit of the Export Facilitation Scheme (EFS), 2021 notified vide SRO 957(1)/2021 dated 30.07.2021, it has transpired that M/s Premium Textile Blanket Industry has grossly misused the EFS Authorization granted vide EFS-PCSE-B102416-69-03-10-2023. The Directorate reported that as per the stocktaking, 2194.43 MT goods had been illegally removed from the authorized premises in utter violation of EFS Rules. It was also informed that FIR No. 03/2024 dated 15.02.2024 had been lodged against M/s. Premium Textile Blanket Industry under Section 161 of the Customs, Act, 1969. To limit further misuse of clearance system and EFS facility, the Directorate of Post Clearance Audit vide its letter C.No.PCA (N)/Audit/18/2024/255, dated 22.02.2024, advised to block all containers manifested (or GD filed) in the name of M/s Premium Textile Blanket Industry till genuineness of the entity and the legitimacy of its business operations is ascertained. Later on, the Collectorate of Customs, Peshawar vide letter dated 05.03.2024 (Annex-B) also informed about lodging two FIRs No. 03/2024 & 04/2024 against M/s Premium Textile Blanket Industry for misuse of authorization granted to the unit under EFS Scheme, 2021. The misuse resulted in loss to government exchequer to the tune of Rs. 1.6 billion on account of duty / taxes. It was therefore advised not to entertain any request of amendment in manifest till the finalization of inquiry and adjudication proceedings. The IGM was originally filed in the name of M/s Premium Textile Blanket Industry, at the time of arrival of the consignment, who is the original consignee of the instant consignment.

1. Even petitioner filed a complaint against custom department which was also dismissed as not pressed after strong rebuttal made by department.

2. It is shocking to know that Honorable DB-1, at the first hearing date, passed order, without notice to department under Article, 199(4) of the Constitution of Pakistan 1973. On 5.04.2024 and issued notice to department for 17.04.2024. On 30.04.2024, subject petition was disposed of after perusal of detailed comments filed by the answering respondent before this Honorable Court on 30.04.2024, though matter was fixed date by court on 07.05.2024, despite of this petitioner had filed urgent application CMA 8694/2024.

30. Honorable Court after perusal of all documents, annexure attached with detailed comments, was pleased to pass well-reasoned order, and directed petitioner to approach appropriate forum and avail remedy in accordance with law on 30.04.2024. How could it be said or observed that custom department misguided court, even otherwise there was any such situation, Honorable Court, could hear again subject case in detail, undersigned didn’t force court to disposed off the same, ever contention was submitted with record documents.  

15. Rejection of IGM Application order has already been passed and shared through letter dated 15.04.2024 issued by Assistant Collector, through reasons, the same was appealable, could be challenged before appropriate statutory departmental forum under custom Act, 1969, but the petitioner did not do so. It was also filed before court along comments and counter affidavit on subject petition and the same is also on the record file.   

                                                          iii.      Through disposal order directions were issued by Honorable Court, to seek remedy before appropriate forum i.e Peshawar Collectorate.

10. That on, 10.05.2024 petitioner while changing earlier counsel Mr Darwesh Mandhan, and new counsel was engaged namely Jawed Farooqi who filed urgent application along review application in disposed case, notice was issued to department for 21.05.2024, due to unviability of Chief Justice, it was transferred to bench of Mr. Justice Zulfiqar Ahmad Khan & Mr. Justice Abdul Mobeen Lakho, wherein department was ready to proceed but petitioner avoided to proceed with matter and requested bench to let it be heard by CJ, hence it was adjourned to 31.05.2024.

31. That on 31.05.2024, again the matter was fixed before bench of Mr. Justice Zulfiqar Ahmad Khan & Mr. Justice Abdul Mobeen Lakho, undersigned counsel pressed to let the matter be heard, and also filed counter affidavit to review with objections, but again counsel for petitioner to bench to be fixed and heard by CJ, on which under signed resisted hard but court, due to the reason of main order passed by bench adjourned same before CJ for 05.06.2024.

5. That on 05.06.2024, total number of cases before CJ were 16, only 9 cases were take-up and heard, and rest of all cases were discharged and adjourned date in office.

                                                        vii.      That on 06.06.2024, undersigned had to leave for village on personal issue, it came into k knowledge late night of same day through auto message on mobile for fixation of same case on 07.06.2024, before same bench without date even, which shocked undersigned and informed a colleague fellow to get the matter brief hold and adjourned for next date for hearing on review and counter filed by department.

3. That record reflects, hasty decision and insistence of the counsel for getting fixed subject petition before bench-No.1, and discharge of the case even before DB-1 on last date 05.06.2024 without any date, announced in open court, even all matters were discharged, except serial 1 to 9, & subject case was at serial 16 in disposed of list and how suddenly got subject case fixed as date by court, without knowledge department, how it was fixed for 07.06.2024, which unfolds role of a stranger who is uncomprehend-able for under signed as counsel for custom department as well as for any common person indeed. Such situation reminds me a maxim “hurried justice is buried justice”

4. Despite the fact that brief hold was made on my behalf before learned bench, as the same has mentioned on 07.06.2024, as court itself has observed in that after hearing both parties, who was party on behalf of department unfact no one. In fact, on the same date, Judicial Commission meeting was being held wherein Honorable Chief sb was being elevated, and therefore such hurried exparte order was obtained by Petitioner in violation of Article.10-A of constitution of Pakistan 1973, and section 24-A of General Clauses Act, 1897. The same is not sustainable in the eyes of law.

5. Last but not the least, even otherwise, the order passed by Honorable Bench is accompanied with various directions, the same is being forwarded to department concerned collectorate for appropriate decision, after which the same will be decided by department for adopting due course of law. How could your news agency sit and interpret role of the custom department counsel and interpret Honorable Court orders please?

6. That your such unverified unrealistic allegation against unblemished record and character of the under signed is seriously condemned and you are here by directed and advised to immediately withdraw such allegations in court proceedings matters, as your news has caused agony and mental torture to undersigned and resulted defamation in society, department and legal fraternity  and Honorable Courts of Law, otherwise appropriate action will be taken against your news agency as well as against you in personal capacity, for publishing contemptuous, defamatory allegations publication with damages before appropriate court of law, which may kindly be noted please.

Khalid Mehmood Rajpar

Advocate FBR-CUSTOMS @ Karachi.                             Dated. 12.06.2024 

Khalid.M.Rajpar

Attorney for FBR/CUSTOMS/I&I & IRS @ Karachi, Pakistan

• Member Sindh High Court Bar Association.
• FBR Attorney, Panel Advocate & Legal Adviser Customs, I & I  & INLAND REVENUE SERVICES (INCOME TAX & SALES TAX)
• DSP-Federal Government of Pakistan Ministry of Interior Islamabad (FORMER)
• Assistant to Attorney General State/Garda  Mr. (Barrister John Macovey) Dublin, Four Courts, (Ireland) UK. (FORMER)

Text of Legal Notice Ends

Customnews.pk standby its news item and legal notice is being published to bring stance of offended/aggreived lawyer/counsel for Pakistan customs. No allegation was levelled by the news website and the news item is based on order of honorable high court of sindh.A detailed story will follow as judicial history is re-written by the one sided order in favor of a petitioner/party having no nexus with the consignments in dispute. The matter involved huge amount of 1.6 billion rupees.