KARACHI: The ordinary course of criminal proceedings could not be allowed to be deflected by resort to writ jurisdiction. This was held by a constitutional bench of High Court of Sindh while hearing two petitions D-6447/2020 and D-890/2021 filed by Naeem Ali M Munshi through Ms Naveen Merchant advocate against Pakistan Customs. Khalid Mehmood Rajper appeared for the department while federal government was represented by Ms Alizeh Bashir and Muhammad Akbar Khan, Assistant Attorney Generals.
The petitioner challenged a search and seizure by Pakistan Customs and subsequent lodging of F.I.R. As per court record, on the first date of hearing an ad-interim order was passed precluding any adverse action against the petitioners, order of restraint against arrest which remained in force till date of judgment i.e. 19.5.2025.
To a query by the court, the counsel for petitioner conceded that defense was available to the petitioner before the trial court presently seized with the matter.
Khalid Rajpar advocate counsel for the customs department assisting the court submitted that proceedings with respect to the impugned actions are pending before the court of competent jurisdiction, hence no case is made out for parallel concurrent recourse to writ jurisdiction.
The bench after hearing the sides reached to the conclusion that proceedings were fettered due to interim orders passed by SHC bench. The bench referring to a number of case laws dismissed the petitions.
Detailed orders follows separately.