SENIOR JOINT DIRECTOR FOREIGN EXCHANGE OPERATIONS DIVISION SBP vs FEDERATION OF PAKISTAN Ss

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SENIOR JOINT DIRECTOR FOREIGN EXCHANGE OPERATIONS DIVISION SBP VS FEDERATION OF PAKISTAN Ss. 23-C(4) & 23J---adjudication Proceedings and appeal Rules, 1998, R.8---Constitution of Pakistan, art. 10a---Right of appeal---Condition of deposit of penalty amount---Petitioner/authority was aggrieved of setting aside of provisions of section 23-C (4) of Foreign Exchange Regulation act, 1947 and Rule 8 of adjudication Proceedings and appeal Rules, 1998 by High Court declaring them as unconstitutional---Validity---Full mechanism for the recovery of sums due to the Government has been provided in section 23J of Foreign Exchange Regulation act, 1947---In the light of such enforcement measures already available to the State, imposition of additional precondition of depositing penalty amount or furnishing security equivalent thereto under section 23-C(4) of Foreign Exchange Regulation act, 1947 at appellate stage is wholly disproportionate and oppressive and does not serve to further any legitimate Governmental interest that is not already safeguarded under section 23-J of Foreign Exchange Regulation act, 1947---Provisions of section 23-C(4) of Foreign Exchange Regulation act, 1947, as well as Rule 8 of adjudication Proceedings and appeal Rules, 1988, which mandate a financial precondition for filing an appeal, constitute an unreasonable and unconstitutional restriction on the fundamental right of access to justice---Such provision disproportionately affects individuals with limited financials means, effectively denying them the opportunity to challenge adverse decisions---High Court had rightly declared section 23-C(4) of Foreign Exchange Regulation act, 1947, as well as Rule 8 of adjudication Proceedings and appeal Rules, 1988, (to the extent that said Rule makes the receipt of an appeal subject to compliance with section 23-C(4) of Foreign Exchange Regulation act, 1947), as unconstitutional/ultra vires of the Constitution and had rightly struck down the provisions---Petition for leave to appeal was dismissed and leave to appeal was refused.

SENIOR JOINT DIRECTOR FOREIGN EXCHANGE OPERATIONS DIVISION SBP vs FEDERATION OF PAKISTAN Ss — 2025 PLD 440 SUPREME-COURT

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