| Case ID |
08cab93c-5dfa-47a0-91d7-440dccbd1f65 |
| Body |
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| Case Number |
Writ Petitions Nos. 103100, 103105, 103108, 107276 |
| Decision Date |
Nov 16, 2020 |
| Hearing Date |
Nov 16, 2020 |
| Decision |
The Lahore High Court ruled in favor of the respondents, dismissing the constitutional petitions filed by Omer Flour Mills. The court held that the show-cause notice issued to the petitioners was merely an initiation of proceedings and not subject to constitutional challenge unless it exhibited a jurisdictional defect. The court clarified that internal correspondence among government departments does not constitute an executable order and that the petitioners failed to demonstrate any jurisdictional errors in the issuance of the show-cause notice. Consequently, the petitions were deemed without merit and were dismissed. |
| Summary |
In the case of Omer Flour Mills vs. Government of Punjab, the Lahore High Court addressed multiple writ petitions concerning show-cause notices issued against the petitioners regarding the alleged forgery of Export Goods Declarations. The court examined the maintainability of the petitions under Article 199 of the Constitution of Pakistan and concluded that the show-cause notices were merely procedural steps that did not warrant constitutional review. The petitioners argued that they complied with all agreements and provided necessary documentation for the export of wheat to Afghanistan, yet faced unjustified delays in subsidy payments due to internal doubts raised by the Directorate of Foods. The court emphasized that such internal communications do not constitute final orders and cannot be challenged in court unless there is a clear jurisdictional error. The decision reinforces the principle that show-cause notices, being preliminary in nature, do not equate to adverse orders. This case highlights the complexities of administrative law in Pakistan, particularly in matters involving export regulations and customs procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Customs Department,
State Bank of Pakistan,
Omer Flour Mills,
Directorate of Foods Punjab
|
| Judges |
Jawad Hassan
|
| Lawyers |
Mian Irfan Ahmed,
Muhammad Bilal Akhtar,
Sh. Muhammad Ali,
Ms. Sadia Malik,
Barrister Umair Khan Niazi,
Barrister Hassan Khalid Ranjha,
Shoaib Anam,
Muhammad Sharif Shahid,
Ijaz Mahmood Chaudhry
|
| Petitioners |
Omer Flour Mills
|
| Respondents |
Others,
Government of Punjab
|
| Citations |
2021 SLD 198,
2021 PTD 275,
2021 PTCL 640
|
| Other Citations |
Muhammad Gulshan Khan v. Government of Pakistan and others 1996 PLC (C.S.) 102,
Rehmatullah Khan through LRs v. Superintendent, Customs and others 2014 SCMR 1203,
Khalid Mahmood Ch. and others v. Government of the Punjab through Secretary, Livestock and Dairy Development 2002 SCMR 805,
Zulfiqar Cheema v. Technical Education and Vocational Training Authority through Chairman and others 2011 PLC (C.S.) 914,
Riffat Hassan and 9 others v. Federation of Pakistan through Chairman Federal Board of Revenue/Secretary Revenue Division and another 2011 PLC (C.S.) 562,
D.G. Khan Cement Company Limited v. Federal Board of Revenue and others 2018 PTD 287,
Muhammad Aslam v. Federation of Pakistan and others 2017 PTD 803,
Messrs Ocean Pakistan Ltd. v. Federal Board of Revenue, Islamabad and others 2012 PTD 1374,
Messrs Noble (Pvt.) Ltd. through Manager Finance and Administration v. Federal Board of Revenue through Chairman and 4 others 2009 PTD 841,
Reliance Commodities (Private) Ltd. v. Federation of Pakistan and others 2020 PTD 1464
|
| Laws Involved |
Customs Act, 1969,
Constitution of Pakistan, 1973
|
| Sections |
32,
131,
199
|