Among the cases listed before the First Bench of the Supreme Court (SC) here for next judicial week is a civil review petition seeking payment of interest on foreign currency account (FCA) funds repatriated under a government scheme in early 70's. The petitioner Inam ur Rahman of the late Standard Bank Limited is being represented by former Law Minister and now a Senator S M Zafar. The case is listed for coming Thursday. Presided over by Chief Justice Nazim Hussain Siddiqui, the other two members of the First Bench are Justice Javed Iqbal and Justice Abdul Hameed Dogar.
The case relates to a Martial Law Regulation issued by late President Muhammad Yahya Khan providing immunity to the holders of foreign currency accounts abroad if they repatriated those funds against a fixed rate in Pakistani currency.
Inam ur Rahman was one of those foreign currency account (FCA) holders who brought funds from the United Kingdom and received compensation under the law. But the Martial Law Regulation was withdrawn when Zulfiqar Ali Bhutto succeeded General Yahya Khan as President and Civil Martial Law Administrator a couple of years later and repatriated funds were confiscated.
After several petitions and different courts, the Supreme Court some years later shot the Bhutto order down and instructed the restoration of the confiscated funds. Since then Inam ur Rahman has been seeking a writ against the Federal Government for payment of interest on his money for the period he was denied its use.
The High Courts declined his request on the ground that in the original order knocking down the Bhutto government's ordinance, the Supreme Court had not provided for a compensation on the confiscated funds, the relief could not be granted by the provincial high courts.
He is seeking a review of the original order made by the Supreme Court in early 90's under Article 187 of the Constitution.
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