Release of imported vintage cars: SHC asks federal govt to issue one-time relaxation

KARACHI: The Sindh High Court (SHC) on Friday ordered the federal government to issue one-time relaxation for release of imported vintage cars, stuck at the port for some time.

The direction came from a larger bench of SHC, which gave the verdict in favour of release of these vintage cars by two to one. Two judges gave the verdict in favour of release of these cars whereas one opposed.

According to a written order of SHC, petitions were filed related to imported vintage cars on the strength of SRO No.833(I)/2018 dated 03.07.2018 followed by a decision in the case of Moin Jamal Abbasi in CP No.D-4124 of 2019 reported as 2020 PTD 660.

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The question for release of the vehicles came before another Bench which did not concur with the ratio; decided of the judgment delivered in Moin Jamal’s case and request for a larger Bench was made to Chief Justice.

Accordingly the full bench was constituted to consider the question arising out of litigation; whether the subject SRO No.833(I)/2018 issued in terms of Section 19 of Customs Act, 1969 can also be treated as SRO issued by the Ministry of Commerce in terms of Section 3 of the Import & Export Control Act, 1950, permitting import of vintage cars which are otherwise not importable as being old and used in terms of the Import Policy Order of both 2016 and 2020? Justice Adnan Iqbal Chaudhry and Justice Muhammad Iqbal Kalhoro in their judgment stated that the Import Policy Order vests certain discretion in the Federal Government to allow an import in relaxation of a prohibition therein.

Shahab Imam, counsel for the Customs, had also disclosed during the course of arguments that the Federal Government had in the past exercised such discretion to issue a one-time import permit for a vintage car.

Regardless of that, in our view, clause 21 of the Import Policy Order does cater to an import made bonafide with unintended consequences, as is the case of these Petitioners, order stated.

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Court ordered the federal government to consider the case of these Petitioners for a one-time relaxation / permit of import under clause 21 of the Import Policy Order, 2020 in respect of vintage cars falling under SRO 833(I)/2018 already imported by them, and to decide the same with 10 days.

Justice Muhammad Shafi Siddiqui opposing the release of cars in his judgment stated that since constraints and restrictions of Section 3 of Import & Export Control Act, 1950 were not taken into consideration; judgment in the case of Moin Jamal Abbasi reported as 2020 PTD 660 is perincuriam. He observed that the petitioners cannot seek release of their respective vehicles by enforcing SRO 833(I)/2018 as long as restrictions and prohibitions of Ministry of Commerce in terms of SRO 345(I)/2016 dated 18.04.2016 and SRO 901(I)/2020 dated 25.09.2020 forming Import Policy Order, 2016/2020 are not relaxed and dismissed the petitions.

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