ISLAMABAD: The Supreme Court expressed annoyance over the amnesty schemes, which have been announced by the governments in different times, saying these schemes played havoc with economy.
A three-judge bench, headed by Justice Qazi Faez Isa, on Monday, heard an appeal of the Collector of Customs against the Appellate Tribunal regarding the confiscation of a vehicle.
Justice Faez noted that every department had announced a one-time amnesty 100 times. He further said that the schemes have exposed the inability to curb vehicles’ smuggling, adding why not inquire from the Federal Board of Revenue (FBR) to provide data about vehicles cleared under the amnesty schemes.
The bench rejected a Customs appeal to impound the vehicle with a fake number plate. Customs impounded a 1998 model Hino truck in 2018. The appellate tribunal decided the case against the department which later moved the top court against it.
He said only the Parliament or Provincial Assembly is empowered to grant amnesty and not the department.
Justice Faez noted that the provincial excise department claims that if a vehicle enters the province then it is their right to collect duty on it. He inquired from the Customs official, is the department sleeping or selling its posts?
“It’s easy to understand the smuggling of gold and silver but it’s beyond imagination how vehicles are being smuggled into the country,” said Justice Faez, adding no one brings the vehicle in their pocket nor it comes flying.
He said when such vehicles come on roads then the Customs officials come into action and start impounding the vehicles, but did not explain how they entered Pakistan. He inquired from the official to inform how the vehicle entered the country. Justice Faez asked him to go visit the Chaman border and see how people bring cars into the country.
Justice Yahya Afridi proposed to the Customs Collector to receive the customs duty and end the matter. Justice Faez said the courts do not make laws, as this is the job of the assemblies, while the courts only interpret the laws.
The Customs counsel informed that when a vehicle illegally enters Pakistan then its jurisdiction starts. Justice Faez told the lawyer that the Customs should receive the tax instead of confiscating the vehicle.
Justice Faez remarked that a large number of vehicles with unauthorised number plates could be seen across Islamabad but no one, including Customs and police, take action against them. He remarked that British Prime Minister Rishi Sunak did not only face challan but he had to apologise for not wearing a seatbelt in a car, adding that the situation in Pakistan was the other way round.
Copyright Business Recorder, 2023
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