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. 75(1)(iii)---Participation in auction, denial of---Powers of officers---Scope---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---Petitioner had permanently been restrained from entry and taking part in next auctions held in future on the basis of powers of the Collector under the provisions of R.75(1)(iii) of the Customs Rules, 2001---However, the said discretionary power under the provisions of R.75(1)(iii) of the Customs Rules, 2001, was not unfettered; it must be read under the agreement with the principles of natural justice, Constitutional protections and the primary requirement of transparency and fairness in administrative actions---High Court set-aside the impugned restricting order against the petitioner (regular bidder)---Constitutional petition was allowed.

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