| Case ID |
5c8b022a-7d2a-4e07-9e84-0e86606d35fe |
| Body |
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| Case Number |
Writ Petition No. 54 of 1994 |
| Decision Date |
Feb 04, 1996 |
| Hearing Date |
Feb 04, 1996 |
| Decision |
The Lahore High Court ruled in favor of Arshad Mahmood, allowing him to operate his foreign currency account which had been frozen by the authorities. The court found that the actions taken against Mahmood were without jurisdiction and ineffective, citing the Protection of Economic Reforms Act of 1992, which grants protection to foreign currency account holders. The court emphasized that the authorities could not question the source of foreign currency once the account was declared and came to their knowledge. The decision highlighted the importance of legal protections provided to citizens regarding their foreign currency holdings and criticized the authorities for not registering any criminal case against the petitioner despite the freeze lasting for three years. |
| Summary |
In the case of Writ Petition No. 54 of 1994 heard by the Lahore High Court, the petitioner Arshad Mahmood challenged the freezing of his foreign currency account by the Government of Pakistan under the Protection of Economic Reforms Act (XII of 1992). The court found that the authorities acted beyond their jurisdiction as the Act provides immunity to account holders regarding inquiries about the source of their foreign currency. The court ruled that the freezing of the account was unlawful, as there was no evidence supporting the claim that the currency was linked to illegal activities, such as narcotics trafficking. This ruling not only reinstated the rights of Mahmood but also reinforced the importance of the Protection of Economic Reforms Act in safeguarding the financial interests of citizens. The decision underscores the need for government bodies to act within their legal limits and to respect the protections afforded to citizens under law. Overall, this case emphasizes the significance of legal frameworks in protecting economic rights and highlights the court's role in ensuring that governmental powers are exercised lawfully. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAJA ABDUL AZIZ BHATTI, J
|
| Lawyers |
MUJEED UR REHMAN,
SARDAR MUHAMMAD SIDDIQUE KHAN
|
| Petitioners |
ARSHAD MAHMOOD
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior and Narcotics Control, Islamabad
|
| Citations |
1998 SLD 1198,
1998 PLD 152
|
| Other Citations |
PLD 1959 (W.P.) Kar. 594,
1992 SCMR 602,
PLD 1989 SC 75,
AIR 1987 SC 559,
PLD 1993 SC 473,
PLD 1994 SC 363,
PLD 1960 Kar. 733,
1990 PCr.LJ 317
|
| Laws Involved |
Protection of Economic Reforms Act (XII of 1992),
Anti-Narcotics Task Force Ordinance (XLI of 1991),
Drugs Act (XXXI of 1976)
|
| Sections |
3,
4,
5,
6
|