Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R — 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PTD 1100 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PTD
Parties: Mirza ASLAM BAIG vs FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R
Subject matter: Constitutional

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

Mirza ASLAM BAIG VS FEDERATION OF PAKISTAN through Minister for Finance and Revenue, Government of Pakistan, Islamabad R. 56(1)---adverse order passed without hearing the aggrieved person---audi alteram partem, principle of---Petitioner (a bidder participating regularly in Customs Department's/respondent's auctions) filed constitutional petition against an order restricting him from entering Customs premises and participating in future auctions ('impugned order')---Said impugned order was passed by the respondent due to a complaint filed by petitioner alleging that an auction of a lot was secretly sold to another bidder at a significantly lower price than his offer---Validity---In the present case, the petitioner had been penalized without being afforded the protection of law or fair process---The impugned order contained adverse findings against the petitioner without providing him with a fair hearing or an opportunity to rebut the allegations in a meaningful way---although the impugned order cited that the petitioner was called for personal hearing but in respect to his complaint it was admitted that no written reply or supporting documents were taken from the petitioner---Such one-sided proceedings failed to meet even the minimum threshold of due process---Importantly, under R. 56(1) of the Customs Rules, 2001 disciplinary action against auctioneers could not be passed without affording opportunity of hearing to auctioneer---Principle of audi alteram partem, i.e. the right to be heard, applied with equal force to regular auction participants, especially where the action led to permanent or indefinite exclusion from auctions---High Court set-aside the impugned restricting order against the petitioner (regular bidder)---Constitutional petition was allowed.

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