Model Ayyan Ali’s passport : Court dismisses customs’ petition

ISLAMABAD:

The Islamabad High Court (IHC) on Monday dismissed customs authorities’ petition seeking court’s intervention to get passport of model Ayyan Ali back, citing lack of jurisdiction.

Justice Athar Minallah of the IHC dismissed the petition observing that any decision of customs court in Rawalpindi should go to the relevant appellate court.

On November 25, a court in Rawalpindi had directed customs officials to hand Ayyan’s passport back to her. The customs officials had challenged it before the IHC contending the order was not issued following due process of law.

In his arguments, Ayyan’s counsel Sardar Latif Khosa said that customs court’s decision could only be challenged before an appellate court. He said that the Lahore High Court (LHC) had been given appellate jurisdiction for customs courts.

He added that the federal government had also issued a notification in this regard.

The counsel for customs authorities said that both the IHC and the LHC - had jurisdiction as no special judge was nominated in the case. The counsel, however, could not satisfy the court when asked under what law the case fell within the ambit of the IHC.

The counsel had said that Ayyan did not require passport as her name was included in the exit control list (ECL).

Published in The Express Tribune, January 26^th,  2016.