SC upholds PHC ruling in ATT case

ISLAMABAD:

The Supreme Court on Friday upheld the Peshawar High Court’s (PHC) decision barring the Customs authorities from unnecessarily hindering activities under the Afghan Transit Trade by checking the quality of products, and ruled that the matter came under the state’s jurisdiction.

Disposing of an appeal by the Customs against the high court’s order, a three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial pronounced the verdict and said the top court could not get involved in the government's matter.

During the last hearing, the top court had questioned the measures taken by the Customs officials to stop container trucks carrying goods while observing that their focus was on seizing the personal belongings of citizens instead of preventing smuggling at border crossings.

The SC had also asked whether the customs authorities could seize the goods and “harass anyone they wish”.

During the hearing on Friday, Justice Athar Minallah wondered whether the Customs officials were under the impression that the NLC was "stealing goods" being transported under the Afghan transit trade.

“The matter of Afghan transit trade is under the authority of the state. The Supreme Court has nothing to do with matters related to it,” he remarked.

CJP Bandial observed that the actions of the Customs officials to search and check the goods were arbitrary in nature and do not amount to risk-management measures.

The additional attorney general, however, informed the court that the Customs only checked for certified seals on Afghan transit trade goods.

“Are the carriages also carrying prohibited goods under the Afghan transit trade?” the CJP inquired.

He further asked whether the authorities also checked for contraband goods.

The additional attorney general argued that while the Customs were not authorised to check goods coming from Peshawar, authorities at Karachi port could do that.

At this, Justice Athar Minullah remarked that the court also had to look at the rights of transporters and traders.

Justice Ayesha Malik pointed out that according to the Afghanistan-Pakistan Transit Trade Agreement (APTTA) 2010, the delivery of military equipment will not be allowed.

Subsequently, the top court disposed of the petitions against the high court’ order and ruled that a contract is not a law but a government matter.

“The court will not be involved in these matters,” CJP Bandial remarked.