| Case ID |
19e7b017-cbaf-4173-8ac2-5b95c318825d |
| Body |
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| Case Number |
Crl. P. No. 994 of 2020 |
| Decision Date |
Jan 15, 2021 |
| Hearing Date |
Jan 15, 2021 |
| Decision |
The Supreme Court of Pakistan allowed the petition filed by the State through the Director General FIA, Islamabad, and set aside the impugned judgment of the Peshawar High Court dated 29.11.2019. The High Court's order was deemed to have disregarded the law and facts surrounding the case of foreign currency exchange without permission from the relevant authorities. The Court emphasized the importance of adhering to the Foreign Exchange Regulation Act, 1947, and established that any citizen of Pakistan is required to seek permission from the State Bank of Pakistan before engaging in foreign currency business. The decision underscored the need for compliance with legal requirements to avoid financial debacles and maintain national economic interests. The Court also reaffirmed its authority under Article 187 of the Constitution to ensure complete justice, which includes the power to issue directions necessary for the case. |
| Summary |
In the case of Crl. P. No. 994 of 2020, the Supreme Court of Pakistan examined the legality of the impugned judgment issued by the Peshawar High Court regarding foreign currency exchange operations conducted by the respondent, ALIF REHMAN. The case arose from allegations that the respondent was involved in currency exchange without the necessary permissions mandated by the Foreign Exchange Regulation Act, 1947. The Supreme Court highlighted the critical importance of adhering to legal frameworks governing foreign currency transactions, emphasizing that any deviation could lead to severe financial consequences for the state. The Court found that the High Court's decision lacked legal support and disregarded the evidence presented during the trial, particularly concerning the respondent's failure to obtain authorization from the State Bank of Pakistan. The judgment reinforced the notion that all individuals intending to engage in foreign currency exchange must comply with established legal requirements to protect the economic interests of Pakistan. The Supreme Court also invoked its inherent jurisdiction to ensure that complete justice was served, allowing for the re-evaluation of the trial court's decisions regarding the return of seized currency. The ruling serves as a precedent for future cases involving foreign currency operations, stressing the necessity of compliance with the law and the judicial system's role in upholding justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
SARDAR TARIQ MASOOD,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Mr. Sajid Ilyas Bhatti, Addl. Attorney General,
Ch. Akhtar Ali, AOR,
Syed Kashif Ali, Inspector FIA, Peshawar,
Mr. Arshad Hussain Yousafzai, ASC for Respondent
|
| Petitioners |
STATE THROUGH DIRECTOR GENERAL FIA, ISLAMABAD
|
| Respondents |
ALIF REHMAN
|
| Citations |
2021 SLD 2186,
2021 PLJ 73
|
| Other Citations |
PLD 2015 SC 50,
PLD 2014 SC 488,
2020 SCMR 2147
|
| Laws Involved |
Constitution of Pakistan, 1973,
Foreign Exchange Regulation Act, 1947
|
| Sections |
185(3),
187(1),
4,
23,
3AA,
3A
|