| Case ID |
006045dd-0c7d-469d-9bdd-5b3f2fb498a1 |
| Body |
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| Case Number |
Writ Petition No.26907 of 2024 |
| Decision Date |
May 02, 2024 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed under Article 199 of the Constitution against the National Tariff Commission's decision to continue the imposition of definitive Anti-Dumping Duties for an additional five years. The court found that the petitioners had available alternate remedies through the appellate procedures outlined in the Anti-Dumping Duties Act, 2015, particularly under Section 70, which allows any interested party to appeal against the Commission's determinations. The court emphasized that the existence of an adequate alternate remedy negated the need for the extraordinary jurisdiction of the High Court. The petitioners' arguments regarding the constitution of the Commission and the validity of the sunset review were not sufficient to warrant intervention, as the statutory framework provided clear paths for appeal. Thus, the petitioners were encouraged to pursue the remedies provided within the legislative framework before seeking judicial intervention. |
| Summary |
This case involves a constitutional petition challenging the decision of the National Tariff Commission to continue Anti-Dumping Duties for five years. The Lahore High Court ruled that the petitioners had not exhausted the available legal remedies, specifically the appellate procedures under the Anti-Dumping Duties Act, 2015. The decision highlighted the importance of adhering to statutory remedies before seeking extraordinary relief from the High Court. The court's analysis included references to relevant case law, emphasizing the necessity of following the prescribed legal avenues for resolution. The ruling underscores the principle that the judicial system should not intervene when a comprehensive remedy exists within the statutory framework, promoting judicial efficiency and respect for legislative processes. Key terms include Anti-Dumping Duties, constitutional jurisdiction, and appellate remedies, which are crucial for understanding this legal context and its implications for future cases. |
| Court |
Lahore High Court
|
| Entities Involved |
National Tariff Commission,
International Steel Limited,
Ayesha Steel Mills
|
| Judges |
AHMAD NADEEM ARSHAD, J
|
| Lawyers |
Muhammad Afzal Awan,
Ch. Imtiaz Elahi
|
| Petitioners |
MESSRS A&A PIPE INDUSTRIES AND OTHERS
|
| Respondents |
FEDERATION OF PAKISTAN AND OTHERS
|
| Citations |
2024 SLD 3182,
2024 PTD 1051
|
| Other Citations |
Shaheen Merchant v. Federation of Pakistan/National Tarif Commission and others 2021 PTD 2126,
Rana Aftab Ahmad Khan v. Muhammad Ajmal PLD 2010 SC 1066,
Mian Azam Waheed and 2 others v. The Collector of Customs through Additional Collector of Customs, Karachi 2023 PTD 1571
|
| Laws Involved |
Anti-Dumping Duties Act, 2015,
Constitution of Pakistan, 1973
|
| Sections |
20,
23,
24,
37,
39,
41,
52,
64,
70,
199
|