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

Case information

Citation
2025 PLD 440 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
SENIOR JOINT DIRECTOR FOREIGN EXCHANGE OPERATIONS DIVISION SBP vs FEDERATION OF PAKISTAN S
Provisions referred to
S. 23-C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SENIOR JOINT DIRECTOR FOREIGN EXCHANGE OPERATIONS DIVISION SBP VS FEDERATION OF PAKISTAN S. 23-C(4)---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---Directing a party to deposit total amount of subject matter, before admission of his appeal is unreasonable, resulting into preventing that party from exercising its right of appeal, which violates its fundamental right of fair trial and due process, guaranteed by article 10a of the Constitution---Such condition may not only deprive a party from its fundamental right of challenging a decision of executive authority before an independent and impartial higher forum but may also give a license to powerful executive to misuse its authority---Condition of depositing of fine amount imposed by section 23-C(4) of Foreign Exchange Regulation act, 1947 is so excessive and unreasonable that it would amount to denial of right to appeal, which violates article 10a of the Constitution, hence, it cannot sustain---Supreme Court declined to interfere in the impugned judgment passed by High Court as there was no illegality, irregularity or jurisdictional defect in the judgment---Petition for leave to appeal was dismissed and leave to appeal was refused.

Other judgments reported in 2025 PLD

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