KARACHI: Notices were issued to the Attorney General for Pakistan, Chairman Customs Appellate Tribunal and others for Sept 10 in a petition challenging the vires of Rules (Appointment of Chairman & Members, 2024 and SRO 1901 (I) 2025 vide notification No F.2 (3)/2015-A-IV dated 02,05.2025, sub section 2,3 & 4 of Section 194 of the Customs Act 1969.
Shafiq-ur-Rahman Siddiqui of Islam Brothers, licensed Custom Bonded Warehouse filed the petition which was heard by a constitutional bench of High Court of Sindh (SHC) comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Hasan (Akber). The petitioner maintains that the recent amendments in Section 194 violates Article 175, 202 and 203 of the Constitution of Pakistan 1973.
Muhammad Saad Shafiq Siddiqui Advocate appearing for the petitioner submitted that Rule 3(6) of the Customs Appellate Tribunal (Appointment of Chairman & Members) required the appointment of a Member of tribunal to be made in consultation with the Chief Justice of Pakistan but this has been done away with in the Rules 2024 which is contradictory to Article 175 and 203 of the Constitution of Pakistan. He further contended that since section 194 of the Customs Act 1969 also do not provides for consultation with the chief Justice of Pakistan for appointing a Member to the tribunal, that too is violative said Articles.
The petitioner prays for declaration that section 194 of the Customs Act 1969 is illegal, un-constitutional and ultra vires of the Article of 175 of the Constitution of Pakistan, declaration that sub section 2, 3 & 4 of the Customs Act 1969 are illegal and ultra vires of Article 175 (3) of the Constitution of Pakistan. The prayer further seeks declaration of Appointment Rules of Chairman and Members to the tribunal as void and to declare that Customs Appellate Tribunal comes under the superintendence of High Court of Sindh and to declare that the appointment of Judge or Member to a sub-ordinate court or tribunal without the consent and consultation of Chief Justice of High Court of Sindh is illegal, void and ab-initio.
The full text of memo of petition follows separately.
Amended Petition Appointment of Chairman & Members, 2024 and SRO 1901 (I) 2025