| Case ID |
a5d1150a-5160-4873-8e2b-871d26a21bee |
| Body |
View case body. Login to View |
| Case Number |
D-2326 of 2006 |
| Decision Date |
Oct 11, 2007 |
| Hearing Date |
Oct 11, 2007 |
| Decision |
The court ruled that the Customs Authorities are obligated to disclose information regarding the imported goods to interested parties under Section 25-C of the Customs Act, as such information is crucial for preventing under-invoicing and ensuring fair market competition. The court emphasized the importance of transparency and accountability in public dealings, reiterating that the right to information is fundamental in a constitutional democracy. The court's decision aimed to prevent loss to the exchequer and support local industry against unfair competition from under-invoiced imports. |
| Summary |
This case centers around the obligation of Customs Authorities to disclose information about imported goods, specifically in the context of under-invoicing allegations against certain importers. The petitioner, INDUS BATTERY INDUSTRIES (PVT.) LTD., argued that they were unable to compete with importers due to non-disclosure of critical information regarding the imports. The court found that the Customs Authorities' claim of immunity under Section 155-H of the Customs Act was invalid as it hindered the detection of under-invoicing, which is contrary to the objectives of Section 25-C. The ruling reaffirms the principle that the public has a right to access information as a means to combat corruption and promote accountability in government operations. This decision is significant for local manufacturers, as it aims to level the playing field against imported goods that may be under-invoiced, thereby protecting local industries and ensuring fair competition. The case also highlights the broader implications of the Freedom of Information Ordinance, emphasizing the importance of transparency in public records and government actions. Keywords: Customs Act, under-invoicing, Freedom of Information Ordinance, transparency, accountability, local industry. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, C.J.,
FAISAL ARAB, J
|
| Lawyers |
Not available
|
| Petitioners |
INDUS BATTERY INDUSTRIES (PVT.) LTD.
|
| Respondents |
FEDERATION OF PAKISTAN and others
|
| Citations |
2008 SLD 2012,
2008 PTD 246
|
| Other Citations |
2007 PTD 2250
|
| Laws Involved |
Customs Act (IV of 1969),
Freedom of Information Ordinance (XCVI of 2002)
|
| Sections |
25-C,
155-H,
3,
8,
15
|