| Case ID |
0ad4ee44-d789-4f57-a2fe-a2b972737e23 |
| Body |
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| Case Number |
Civil Appeals No. 1646 & 2000/2006 and Civil Petit |
| Decision Date |
Apr 21, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the appeals regarding the imposition of import fees enforced via specific SROs. The court emphasized the importance of timely judgments and the role of the judiciary in safeguarding citizens' rights against potential abuses by the state. The court found that the delay in rendering the judgment was excessive and constituted a failure of judicial process, leading to the decision to remand the case back to the High Court for fresh consideration. The court underscored that the judiciary must act as a guardian of the constitution and ensure that justice is delivered without undue delay. |
| Summary |
In the landmark case of MFMY Industries Ltd. vs. Federation of Pakistan, the Supreme Court of Pakistan evaluated the constitutional implications of delayed judgments and the responsibilities of the judiciary. The case revolved around the imposition of import fees, with the petitioners challenging the legality of such fees enforced through SROs. The court highlighted the critical role of legislative, executive, and judicial branches in maintaining a balanced state structure. It discussed the necessity for timely judicial decisions as a means to uphold the rule of law and protect citizens' rights. The court ultimately ruled that the prolonged delay in judgment was unacceptable and remanded the case back to the High Court for a fresh hearing. This case sets a precedent for the importance of expeditious justice and the judiciary's duty to prevent the erosion of fundamental rights. Key terms include 'judicial delay', 'constitutional rights', 'import fees', and 'judicial accountability'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MR. MIAN SAQIB NISAR,
MR. GULZ.AR AHMED,
MR. MAQBOOL BAQAR
|
| Lawyers |
Tariq Javed, ASC (in C.A. 1646/2006),
Mr. Abdul Ghaffar Khan, ASC (in C.A.2000/2006),
Mr. M. Bilal, Sr. ASC,
Raja Abdul Ghafoor, AOR,
Mr. Sohail Mahmood, D.A.G
|
| Petitioners |
MFMY INDUSTRIES LTD.
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
2015 SLD 2433,
(2015) 112 TAX 209
|
| Other Citations |
Muhammad Ovais and another v. Federation of Pakistan through Ministry of Works and Housing Pakistan, Islamabad and others (2007 SCMR 1587),
Abdul Aziz, C.J. in Pathana v. Mst. Khandal PLD 1952 BJ 38,
Syed Iftikhar-ud-Din Haider Gardezi v. Central Bank of India Limited 1996 SCMR 669,
Muhammad Latif v. Member, Board of Revenue/Chief Settlement Commissioner, Punjab, Lahore and 9 others (2003 CLC 1064),
Walayat Hussain v. Muhammad Hanif (1989 MLD 1012),
R.C. Sharma v. Union of India and others (AIR 1976 SC 2037)
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
90,
92
|