Court orders: SHC issues notices over non-appointment of customs appellate tribunal’s head

KARACHI: The Sindh High Court (SHC) has issued notices to the federal ministry of law, justice and parliamentary affairs on a petition seeking appointment of a new chairperson of the customs appellate tribunal.

The division bench, headed by SHC chief justice Sajjad Ali Shah, also issued notice to the customs appellate tribunal's registrar and the deputy attorney general. They have been asked to file their comments regarding non-appointment of the chairperson and non-fixation of fresh cases before the benches.

The Customs and Tales Tax Practitioners Association had approached the court, saying that the tribunal's chairperson had retired on April 7 this year but the post was still lying vacant as the federal ministry of law, justice and parliamentary affairs had failed to fill the post. The association argued that under the Section 194(4) of the Customs Act, 1969, the federal government is required to appoint one of the members of the tribunal as its chairperson but this was not being done despite making requests to the ministry.

It cited a judgment given by the Lahore High Court, which had ordered the tribunal's registrar to assign newly instituted cases to different benches of the tribunal working at Lahore. A request was also made to the registrar to assign cases to the benches working at Karachi, but the officer had turned down the request.

The association said that the lawyers and litigants were facing hardships because their cases were not being fixed, heard and decided. Therefore, it pleaded the court order the ministry of law, justice and parliamentary affairs to immediately appoint the chairperson of the tribunal. Till then, a direction was sought for the registrar to assign fresh cases to the benches.

After hearing initial arguments, the SHC bench issued notices to the ministry of law, justice and parliamentary affairs, the registrar of the customs appellate tribunal and the deputy attorney-general to file their comments by June 2.

Published in The Express Tribune, May 22^nd, 2016.