Subsection of Customs Act: SC seeks counsels’ help to determine whether regular bench can hear the case

ISLAMABAD: The Supreme Court hearing a challenge to the constitutionality of subsection (2) of the Section 221-A of the Customs Act, 1969, directed the parties’ counsels to assist whether regular bench of the apex court can hear it or not?

A three-judge bench, headed by Justice Syed Mansoor Ali Shah and comprising Justice Ayesha A Malik and Justice Irfan Saadat Khan heard an appeal of the federation through the Revenue Division.

The court’s order said; “Given the objection raised and the reply thereto, we find that it would be necessary to first decide upon the same before proceeding further in the matter at hand. Therefore, the counsels for the parties are granted time to prepare their arguments and assist the Court on the said points.”

At the very outset, the counsel for the petitioners submitted that the present regular bench of the apex court cannot hear these cases, as they involve a challenge to the constitutionality of a law, namely, subsection (2) of the Section 221-A of the Customs Act, 1969.

When asked why this bench cannot hear these cases, the counsel referred to the provisions of Article 191A, which was added to the constitution through the 26th Constitutional Amendment.

However, in response to the petitioners’ objection regarding the lack of jurisdiction of the present bench of the Court, the counsel for the respondents contended that Article 191A, the basis of the objection regarding jurisdiction, is constitutionally invalid as it infringes upon the salient features of the constitution, including the independence of the judiciary and the separation of powers among the three organs of the State. He submitted that a constitutionally invalid amendment cannot oust the constitutionality valid conferment of jurisdiction on the regular benches of the Court.

Copyright Business Recorder, 2025