Import Policy Order challenged: SHC issue notices to govt on restrictions of used vehicles' import

Sindh High Court (SHC) on Friday issued notices to federal government through Commerce and Industries ministries and others in a petition, which challenged restrictions on import of used vehicles under Import Policy Order 2016. A division bench of SHC headed by Justice Aqeel Abbasi directed federal government and concerned ministries and departments to submit their replies by June 17, 2019.
Syed Shayan Ahmed Advocate filed petition on behalf of petitioner in the court.
The petitioner contended that condition V of Sr-10 Appendix-C to Import Policy 2016, whereby the import of used vehicles has been completely banned for a citizen of Pakistan and has been restricted only under personal baggage scheme, transfer of residence scheme and gifts by the overseas Pakistanis is also violation of fundamental rights of citizens of Pakistan to import vehicles of their choice.
Petitioner alleged that Engineering Development Board Ministry of Industries and Production played role behind it in order to give undue advantage to the selected local manufacturing automobile industry in violation of Section-3 of the Competitive Act 2010.
The petitioner said that decision in this regard should have been made on the recommendations or policy to be formulated by the Ministry of Commerce as per rules of business, 1973.
Petitioner submitted before the court that the discrimination is so obvious that the local manufacturers exercising monopoly on the production of vehicles, deliberately. They do not manufacture the required number of cars to meet the demand over 300,000 cars annually, as they produce about 184,000 vehicles a year, despite having capacity, in order to create an artificial deficit of demand and supply, which results in purchase of such vehicles by making additional amount of premium (on), for early delivery of the vehicle, whereas the import of used vehicle is not being properly regulated deliberately, to the disadvantage of public at large.
The court directed the petitioner to file the amended title by mentioning the local car manufacturers as the party in the case. The petitioner, in addition to challenging the provisions of Section 3 of the Import and Export (Control) Act, 1950 and the Import Policy Order, 2016, also expressed his grievance and has brought into question the undue promotion of local car manufacturers to the disadvantage of public at large.
The court also directed to issue notices to the respondents as well as Attorney General Pakistan in terms of order XXVII-A CPC to submit their replies by June 17, 2019.