BENISH MEHBOOB vs GOVERNMENT OF PAKISTAN art — 2025 PTD 279 KARACHI-HIGH-COURT-SINDH

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BENISH MEHBOOB VS GOVERNMENT OF PAKISTAN art.199---Customs act (IV of 1969), S.2(s)---Constitution petition---Locus standi of petitioner---Person approaching High Court, as petitioner, not a party to previous proceedings---Effect---Customs appellate Tribunal ('Tribunal') passed an order (setting aside outrightly the confiscation of a smuggled vehicle) accepting version of the appellant before the Tribunal---Petition before the High Court was filed, for implementation of the order passed by the Tribunal, notwithstanding the apparent fact that the petitioner was not the appellant (before the Tribunal) and had no actionable nexus therewith, instead (the petition had been filed) by a lady advocate claiming herself as an attorney of the appellant before the Tribunal---Validity--- High Court observed that the appellant before the Tribunal (namely adam Khan) was someone else other than the present petitioner and prima facie the only place the petitioner found mention in the Tribunal Order was in the title ostensibly as the attorney of the appellant before the Tribunal---Other documents (like Detention Receipt) releted to the appellant before the Tribunal---Index of the present petition showed the name of appellant before the Tribunal (adam Khan) to be the petitioner, however, the typed name (adam Khan) had been crossed out in ink and the name of the petitioner was hand written instead while the affidavits supporting the memorandum of petition and other CMas had adam Khan in the title and the same had been sworn by the petitioner, representing herself to be the attorney of the petitioner---Regarding said contradictions / discrepancies / corrections, on confrontation, lady advocate present before the High Court, claiming herself to be attorney of the appellant before the Tribunal, had failed to provide any explanation, whereas she had represented herself to be a practicing advocate of the High Court---Same did not confer any license upon her to act in a manner not befitting to an Officer of the Court---While conscious mischief was reasonably apprehended in the present matter, however, out of compassion the High Court confined findings to the case itself and directed no further proceedings with respect to the petitioner herself---Petitioner before the High Court had failed to demonstrate any locus standi to maintain the present petition---Constitutional petition, along with pending applications, was hereby dismissed in limine, in circumstances.

BENISH MEHBOOB vs GOVERNMENT OF PAKISTAN art — 2025 PTD 279 KARACHI-HIGH-COURT-SINDH

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