SALMAN TALIBUDDIN vs GOVERNMENT OF PAKISTAN through Secretary, Cabinet Division Cl

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SALMAN TALIBUDDIN VS GOVERNMENT OF PAKISTAN through Secretary, Cabinet Division Cl. 21---Notification S.R.O. 833(I)/2018 dated 03-07-2018 ('the SRO')---Vintage or classic cars, import of---Exemption from import duty---Non-speaking order---Effect---Petitioners were aggrieved of decision of Federal Cabinet declining grant of a one-time relaxation/permit to petitioner for import of vintage cars in question---Customs Authorities intended to auction cars in question---Held, that for purpose of making a determination under Import Policy Order, 2020, in terms of judgment of High Court in earlier petitions, the Cabinet was required to exercise its discretion bonafidely, ascribing valid reasons and while attending to the matter before it upon considering all relevant factors and without being influenced by extraneous or irrelevant considerations---Process or decision falling short of reason was arbitrary or capricious---Decision of public authority/functionary that was bereft of reasons, or if made without considering relevant considerations or was based on irrelevant/ extraneous considerations, did not satisfy the test of reasonableness---Matter remained to be decided by the Cabinet in terms of earlier judgment of High Court, notwithstanding the subsequent rescission of the SRO on 07-03-2022, in as much as the case for clearance/release of the subject vehicles by petitioners and earlier determination on that score in prior petitions took place during its subsistence---Division Bench of High Court set aside decision of Federal Cabinet to the extent of vehicles in question---Division Bench of High Court remanded the matter for decision afresh through a speaking order on the basis of a proper summary to be prepared by the Ministry and placed before the Cabinet, incorporating relevant paragraphs of earlier judgment---High Court restrained the authorities from auction of subject vehicles which would remain in abeyance pending such determination---Constitutional petition was allowed accordingly.

SALMAN TALIBUDDIN vs GOVERNMENT OF PAKISTAN through Secretary, Cabinet Division Cl — 2023 PLD 306 KARACHI-HIGH-COURT-SINDH

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