KARACHI: The Sindh High Court on August 21, 2026, admitted a constitutional petition challenging the legality of appointments to the Customs Appellate Tribunal, issuing notices to the federal government and the Attorney General after a businessman argued the government’s new appointment rules violate judicial independence.
Justice Sindh High Court granted urgency and allowed an amendment application filed by petitioner Shafiq ur Rehman Siddiqui, a partner at M/s Islam Brother and operator of the “Islam Bond” customs warehouse. The court ordered that the amended petition be taken on record and scheduled the next hearing for September 10, 2026.
In May 2025, Ministry of Law had notified appointment of Mazhar Ali and Hafiz Ansar-ul-Haq to Customs Appellate Tribunal in Karachi and Lahore.
The petition challenges Section 194 of the Customs Act, 1969, and the Customs Appellate Tribunal (Appointment of Chairman and Members) Rules, 2024 (SRO No. 2056(I)/2024), arguing that the federal government’s authority to appoint tribunal members without mandatory consultation with the Chief Justice of Pakistan violates Articles 175 and 203 of the Constitution.
Advocate Muhammad Saad Shafiq Siddiqui, representing the petitioner, told the court that the previous 2020 rules requiring consultation with the Chief Justice were stripped from the new 2024 framework, giving the executive branch unchecked control over appointments.
“By granting the executive primary control over appointment, the impugned provision blurs this separation and reintroduces executive influence in the administration of justice,” the petition states, citing Supreme Court precedents including *Mehram Ali Versus The Federation of Pakistan* (PLD 1998 SC 1445) and *Al-Jehad Trust versus Federation of Pakistan* (PLD 1996 SC 324).
The petition specifically targets sub-sections 2, 3 and 4 of Section 194 of the Customs Act and rules 3, 4 and 7 of the 2024 Appointment Rules. It asks the court to declare all appointments made under these rules without the Chief Justice’s consent “void ab-initio” and to place the tribunal’s administrative and budgetary control under the High Court.
The legal challenge stems from a dispute over the revalidation of Siddiqui’s bonded warehouse license. According to court documents, Siddiqui’s appeal before the Customs Appellate Tribunal has been plagued by procedural irregularities, including hearings scheduled without notice, a case transferred while a judgment was reserved, and an alleged refusal by tribunal officials to provide copies of dissenting judgments.
“The Petitioner has the guaranteed right to have justice before an impartial, independent, unbiased and unhostile member/judge and before an independent forum,” the petition reads.
Notices were issued to respondents including the Federation of Pakistan through the Ministry of Law and Justice, the Chairman of the Customs Appellate Tribunal, and the Attorney General for Pakistan under Order XXVII-A of the Civil Procedure Code.
The petitioner, a resident of North Nazimabad, Karachi, is seeking a declaration that the Customs Appellate Tribunal falls under the superintendence of the High Court of Sindh, with appointment of members and staff coming under the administrative control of the High Court, including budgetary allocation and disciplinary proceedings.